OH5: Visitor to house during parole search denied anything in house was his, and that was abandonment of backpack with 254 oxys and heroin found upstairs

Defendant was visiting a house that was subjected to a parole search for drugs and firearms. He and another were moved to a central location so officers could keep an eye on them while the search was being conducted. He was asked if he had anything in the house that belonged to him, and he said no. A backpack was found in an upstairs bedroom and searched and 254 oxys were found with heroin and marijuana. The backpack was brought downstairs. “Boerstler asked those gathered in the living room who owned the backpack. Eli stated it belonged to him.” Defendant’s initial disclaimer was an abandonment of the backpack for search purposes when it was inexplicably found upstairs. Further search of the backpack produced a bus ticket in his name and other indicia that it was his. State v. Eli, 2017-Ohio-7667, 2017 Ohio App. LEXIS 4006 (5th Dist. Sept. 15, 2017).

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