OH5: Driver’s consent to search car doesn’t extend to passenger’s backpack

Driver’s consent to search car did not extend to passenger’s backpack. The state’s reliance on inventory failed for not proving up the policy. State v. Pennington, 2020-Ohio-757, 2020 Ohio App. LEXIS 688 (5th Dist. Mar. 2, 2020).

“After considering the video evidence of Ms. Harris’s interactions with the police and the testimony at the pretrial motions hearing, I find that Ms. Harris’s consent for police to search her residence was knowing and voluntary.” All the factors favor voluntariness. United States v. Chapman, 2020 U.S. Dist. LEXIS 35843 (S.D.W.Va. Mar. 3, 2020).*

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