OH: Court couldn’t order return of property where statute gave executive branch discretion to not return

A warrant was issued to permit ODA officers to enter property to look for wild animals being kept there. The warrant did not require seizure but referred to the statute that vests that discretion in the Director. The judge thus lacked jurisdiction to order return of the animals. State ex rel. Dir., Ohio Dept. of Agriculture v. Forchione, 2016-Ohio-3049, 2016 Ohio LEXIS 1333 (May 18, 2016).

The stop was for crossing the centerline, and the officer noticed the driver and passenger were excessively nervous. The passenger had a large bulge in her pants she reached for when the officer told her to get out of the car. Reasonable suspicion had developed. The officer reached for the bulge and pills fell out. State v. Alexander-Lindsey, 2016-Ohio-3033, 2016 Ohio App. LEXIS 1881 (4th Dist. May 11, 2016).*

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