Defendant’s book bag in a towed trailer was not subject to search incident under Gant after he’d been arrested and was in the backseat of the patrol car [if ever]. State v. Johnson, 2017-Ohio-5708, 2017 Ohio App. LEXIS 2744 (7th Dist. June 30, 2017).
Defendant was stopped for a traffic offense and had bloodshot eyes, smelled of alcohol, and admitted consuming prior to driving. While he did not fumble with his paperwork on the video, there was justification for a FST. State v. Martinez, 2017-Ohio-5727, 2017 Ohio App. LEXIS 2776 (5th Dist. June 29, 2017).*