“Here, Trooper Freeman testified that ‘the only basis for the stop’ was that Defendant veered into the left lane on a roadway that did not have solid lines. Speed was not a factor. Absent any testimony or video evidence concerning any other basis for the stop, the State has not met its burden of showing that the Defendant failed to ascertain that movement could be made with safety in a setting where there were no other vehicles nearby and no apparent danger.” Therefore, there was no basis for the stop. State v. Seaton, 2018 Del. Super. LEXIS 56 (Jan. 30, 2018).
The state’s burden on showing consent is by clear and convincing evidence, and the evidence supports the trial court’s finding. State v. Davis, 2018-Ohio-376, 2018 Ohio App. LEXIS 382 (7th Dist. Jan. 31, 2018).*
There were controlled buys from the premises, and that was probable cause. Defense counsel wasn’t ineffective for not filing a motion to suppress the search warrant based on those facts. State v. Wilson, 2018-Ohio-396, 2018 Ohio App. LEXIS 405 (5th Dist. Feb. 1, 2018).*