OH8: Removing part of dashboard during inventory was unreasonable

The license plate holder blocked most of the registration sticker, and that justified the stop. The smell of marijuana justified a further search of the car, and, finding a warrant on the driver, the police impounded the car. Removing part of the dashboard was unreasonable for the inventory. State v. Taylor, 2020-Ohio-490, 2020 Ohio App. LEXIS 444 (8th Dist. Feb. 13, 2020).

“Jordan’s argument focuses on the minimalist nature of the applications for the Search Warrants, arguing that they are ‘wholly lacking in any probable cause whatsoever.’ … While conceding at oral argument that the applications on their face do not provide probable cause, the government argues they are admissible because the officer reasonably relied on their validity under United States v. Leon., 468 U.S. 897, 926, 104 S. Ct. 3405, 82 L. Ed. 2d 677 (1984). The court agrees with the government and declines to apply the exclusionary rule because the officer had a reasonable belief that probable cause existed at the time of application and Detective Flippin’s failure to disclose more information on the affidavit was inadvertent, not due to bad faith.” United States v. Jordan, 2020 U.S. Dist. LEXIS 24394 (W.D. Va. Feb. 11, 2020).*