OH10: Defendant passed out behind the wheel wasn’t stopped since he didn’t know it

“As the officers approached appellant’s car, appellant was passed out and slumped over the driver’s seat. Because appellant was not capable of deciding whether he was free to leave, the officers’ approach to his car cannot be considered a restraint of his personal liberty and, therefore, cannot be a seizure for Fourth Amendment purposes.” City of Columbus v. Ridley, 2014-Ohio-4356, 2014 Ohio App. LEXIS 4263 (10th Dist. September 30, 2014).

Defendants were in a rival gang’s area, and there was a traffic stop. Three of the five exhibited furtive movements, and that justified a patdown and frisk of them and the car. A gun was found under the passenger seat. Commonwealth v. Douglas, 86 Mass. App. Ct. 404, 2014 Mass. App. LEXIS 127 (September 30, 2014).*

Defendant’s guilty plea not contesting the search incident of his cell phone was not ineffective assistance considering the state of the law at the time of the plea in the Fifth Circuit that allowed it. Tucker v. United States, 2014 U.S. Dist. LEXIS 139768 (N.D. Tex. July 28, 2014).*