OH4: Changing argument from legality of patdown to plain feel was waiver

Defendant’s appellate argument changed from whether there was reasonable suspicion for a patdown to conceding the patdown was legal but the plain feel of a hard object found in her vagina was not. That’s waiver of the argument. State v. Fowler, 2018-Ohio-241 (4th Dist. Jan. 23, 2018).

“Officer Shipley asked Urrutia if he could look around the dining room and kitchen area, and Urrutia responded ‘Go ahead, man.’ There is no evidence to suggest that Officer Shipley used anything other than a conversational tone, and there is no record that Urrutia’s age, intelligence, or educational background rendered his consent involuntary. See Schneckloth, 412 U.S. at 227. Based on the totality of the circumstances, the court finds that Urrutia gave his consent to search the dining room and kitchen area of his residence voluntarily. No independent basis for the search was required.” United States v. Urrutia, 2018 U.S. Dist. LEXIS 10311 (M.D. Pa. Jan, 23, 2018).*

This entry was posted in Consent, Standards of review. Bookmark the permalink.

Comments are closed.