OH8: Gant not an issue in an inventory search case

Defense counsel was not ineffective for not raising a Gant issue where his appeal was decided before Gant. Even so, the search was valid under inventory and not search incident. State v. Lucic, 2009 Ohio 5686, 2009 Ohio App. LEXIS 4796 (8th Dist. October 23, 2009).*

“The information provided in the four corners of the affidavit indicates that the type of criminal activity was of a protracted and continuous nature, thus, based on the nature of the crime, a judge may properly infer that there is a fair probability that evidence of wrongdoing would still be found on the premises given the totality of the circumstances. Accordingly, the trial court correctly found the information provided in the affidavit was not stale.” Smith v. Commonwealth, 323 S.W.3d 748 (Ky. App. 2009).*

Defendant’s stop was based on overpossession of pseudophedrine. When the officer got up to him, he voluntarily turned over a cup of crushed psuedo tablets. Davenport v. State, 299 S.W.3d 859 (Tex. App. — Eastland 2009).*

The officer stopped because defendant’s car was stopped with the door open into traffic, and he wanted to see what defendant was doing that kept the door open. As he approached, he saw the defendant drop a rock of crack. The stop was with PC. State v. Jones, 2009 Ohio 5701, 2009 Ohio App. LEXIS 4793 (8th Dist. October 29, 2009).*

The issue of defendant’s consent was a fact question decided against him, and his own witness could not help him at the suppression hearing on what he heard. State v. Smith, 2009 Ohio 5692, 2009 Ohio App. LEXIS 4795 (8th Dist. October 29, 2009).*