OH9: Def’s observed association with wanted fugitive permitted his seizure at time of fugitive’s arrest, too.

Defendant was in a car wash and the USM fugitive task force was tailing a person in another car at the car wash. That person came over to defendant’s car and spoke to him. When the person being surveilled started to leave, officers converged and also detained defendant because of his interaction with their fugitive and a furtive gesture to the center console. Then they could smell marijuana coming from his car, and that was justification for a search. State v. Jones, 2020-Ohio-3438, 2020 Ohio App. LEXIS 2376 (9th Dist. June 24, 2020).

“[T]he district court did not clearly err in finding that the officers entered the home with J.T. Spencer’s consent and were directed to Spencer’s bedroom. Thus, Mills and Reed were lawfully positioned in a place from which they could view the firearm. Spencer contends that the firearm was not in plain view because J.T. and Spencer testified that the dresser drawers were closed. But the magistrate judge credited Mills’ and Reed’s testimony that the drawer was partially open. Spencer has failed to show that no reasonable fact-finder would credit this testimony.” United States v. Spencer, 2020 U.S. App. LEXIS 19565 (6th Cir. June 23, 2020).*

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