VA: Jail seizure of documents not used did not violate Fourth or Sixth Amendment

Defendant was stopped for a traffic offense and her license turned out to be suspended. Because she was subjected to a custodial arrest, a search incident of the car was appropriate. State v. King, 2009 Ohio 173, 2009 Ohio App. LEXIS 118 (5th Dist. January 16, 2009).*

Odor of raw marijuana found during a traffic stop was probable cause. The search of the “cargo area” was proper because that was a place where it could be found. State v. Gonzales, 2009 Ohio 168, 2009 Ohio App. LEXIS 149 (6th Dist. January 16, 2009).*

Odor of raw marijuana was found during a traffic stop, and the defendant’s conduct justified the officer searching for safety reasons as well. State v. Haidet, 2009 Ohio 205, 2009 Ohio App. LEXIS 181 (5th Dist. January 20, 2009).*

Police repeating the CI’s statement that the defendant’s apartment had “1” on the door, but it turned out that it did not, was not a reckless false statement of the officer under Franks. Apartment 1 was searched. State v. Evans, 2009 Ohio 241, 2009 Ohio App. LEXIS 221 (1st Dist. January 23, 2009).*

Defendant’s arrest was unlawful, but his assaulting the officer during the illegal arrest was not suppressed. State v. Cook, 273 S.W.3d 562 (Mo. App. 2008).*

Jail seizure of Romanian language documents from defendant’s jail cell did not violate Fourth or Sixth Amendments because the documents were not used in the case or to provide investigative leads. It had no effect on the verdict. Gheorghiu v. Commonwealth, 53 Va. App. 288, 671 S.E.2d 407 (2009), opinion withdrawn and replaced Gheorghiu v. Commonwealth, 54 Va. App. 645, 682 S.E.2d 50 (2009) (same result).*