OH2: Property can’t be returned when it still has evidentiary value

“There was little evidence regarding the floppy disks, CDs, and Rolodex, but the burden was on Webber to demonstrate that she was entitled to their return. Upon review of the record, the evidence before the trial court supported a conclusion that the seized items were either contraband, proceeds, or instrumentalities, and that they constituted evidence to be used by the State in the prosecution of Moreno.” Petitioner’s argument about an alternative method of dealing with it wasn’t raised in the trial court so it’s not considered. State v. Moreno, 2017-Ohio-479, 2017 Ohio App. LEXIS 477 (2d Dist. Feb. 10, 2017).

Defendant’s patdown was reasonable and the plain feel of the pipe in his pocket was reasonable. United States v. Edwards, 2017 U.S. Dist. LEXIS 21214 (D.Neb. Feb. 14, 2017).*

Plain feel was of a small baggie of drugs. United States v. Mitchell, 2017 U.S. Dist. LEXIS 19367 (D.Kan. Feb. 10, 2017).*

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