Unrefuted findings of fact on consent are binding on appeal

Defendant was a reported drug overdose, and police and EMTs responded. With a dose of Narcan, she came to, talked, and was taken to the hospital. Meanwhile, there was a plain view, and it was valid. Defendant’s credibility argument that the officer is not to be believed is foreclosed by the standard of review of findings of fact. State v. Frazier, 2018-Ohio-4291, 2018 Ohio App. LEXIS 4630 (5th Dist. Oct. 23, 2018).*

The officer testified that the search of defendant’s luggage was by consent. Defendant didn’t testify, so the record is left with that as unrefuted testimony. United States v. Lucas, 2018 U.S. Dist. LEXIS 181722 (W.D. N.Y. Oct. 23, 2018).*

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