OH11: “Hand swabs” in SW for person fairly includes fingernail scrapings; no REP in clothing removed at ER by nurses

Defendant was brought to a hospital for alleged injuries. He was exceedingly drunk for a juvenile and covered in blood. He was cleaned up at the ER and no injuries found. The nurses there took his clothes. Police later seized the clothes and anything used to clean him up. The taking of the clothes was a private search by hospital staff and was not related to an investigation. A search warrant was issued for “hand swabs.” The trial court and court of appeals conclude that includes “fingernail scrapings.” State v. LaRosa, 2020-Ohio-160, 2020 Ohio App. LEXIS 136 (11th Dist. Jan. 17, 2020).

Defendant’s traffic stop was clearly justified by lack of registration stickers on the license plate and then a lane change violation. The “faint odor” of marijuana coming from the car permitted the stop to be extended. United States v. Muhammad, 2019 U.S. Dist. LEXIS 225095 (D. Minn. Dec. 20, 2019),* adopted, 2020 U.S. Dist. LEXIS 7726 (D. Minn. Jan. 16, 2020).*

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