OH2: Direction to def to not reach into his own pocket for a consent search wasn’t a seizure

Defendant’s attempt to reach into his own pocket did not constitute an unequivocal withdrawal of the consent to search he had given to the officer. Defendant’s conduct appeared to have been an attempt to help facilitate the search, not to prevent it. Thus, a heroin capsule found in his pocket was not subject to suppression. No Fourth Amendment violation arose from the officer’s act of telling defendant to “keep his hands out of his pockets” while the officer “checked for him.” State v. Wehner, 2017-Ohio-2788, 2017 Ohio App. LEXIS 1815 (2d Dist. May 12, 2017).

The search warrant for defendant’s possession of firearms was not stale considering there was evidence that it was a pattern and the fact guns are usually kept. United States v. Serrano, 2017 U.S. Dist. LEXIS 72739 (D.Ariz. March 14, 2017),* adopted, 2017 U.S. Dist. LEXIS 72740 (D. Ariz. May 10, 2017).*

This entry was posted in Seizure, Staleness. Bookmark the permalink.

Comments are closed.