OH9: Possession of <100g MJ is a nonarrestable offense, so a search incident was unreasonable

Possession of <100g marijuana is a nonarrestable offense, so a search incident was unreasonable. State v. R.L., 2020-Ohio-2811, 2020 Ohio App. LEXIS 1774 (9th Dist. May 6, 2020).

Without a motion to suppress, there’s no vehicle for development of a record to consider the legality of the search. Therefore, plain error cannot be used to argue a Fourth Amendment claim after trial without an adequate record. State v. Ray, 2020 N.C. App. LEXIS 358 (May 5, 2020).

The use of a police dog to stop three suspects breaking into cars and then fleeing when the police announced themselves was reasonable under the circumstances. There was no binding precedent at the time (2014) that use of dog in that situation was unreasonable; therefore qualified immunity applies. Anderson v. Vazquez, 2020 U.S. App. LEXIS 14383 (11th Cir. May 6, 2020).

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