Somebody leaning in the car window to talk to defendant then walking away as police approached is not probable cause to believe a drug deal just went down. Suppression motion should have been granted. State v. Ward, 2017-Ohio-8141, 2017 Ohio App. LEXIS 4512 (2d Dist. Oct. 11, 2017).
Trial court’s credibility determination that the officers saw marijuana in the vehicle is entitled to deference. State v. Hamilton, 2017-Ohio-8140, 2017 Ohio App. LEXIS 4513 (1st Dist. Oct. 11, 2017).*
The trial court did not err denying defendant’s motion to suppress because exigent circumstances justified the warrantless blood draw from defendant. The blood draw arose from a serious automobile accident, the officer was delayed in pursuing the usual procedures for obtaining a valid blood draw by the need to investigate the accident, and development of suspicion that alcohol was involved may have been delayed by defendant’s act of concealing beer cans. Aponte v. Commonwealth, 2017 Va. App. LEXIS 250 (Oct. 10, 2017).*