OH8: Defendant was a guest in his grandmother’s house with standing

The defendant was a fairly regular guest at his grandmother’s house, eating meals there and often spending the night. The trial court erred in holding that there was insufficient evidence he regularly stayed there because that was not the question. State v. Alexander, 2010 Ohio 3598, 2010 Ohio App. LEXIS 3073 (8th Dist. August 5, 2010):

[*P14] The trial court did not address Alexander’s status as an overnight guest when deciding the motion to suppress; it simply concluded there was not enough evidence to demonstrate that he regularly stayed at the apartment. Although that may be true, the evidence that he was staying there on the day in question was undisputed. Accordingly, the trial court erred in ruling that he did not have standing to challenge the warrantless entry. As Alexander had standing, and the trial court ruled that there were no exigent circumstances justifying the warrantless entry, the motion to suppress should have been granted. Accordingly, the matter is remanded for a new trial.

Officers did a knock-and-talk on a hotel room, and defendant permitted them to enter, so the entry was by consent. State v. Bowling, 2010 Ohio 3595, 188 Ohio App. 3d 777 (8th Dist. August 5, 2010).*

Defendant’s car was stopped for driving with his door open and weaving, and a search for an open container was justified by the facts. State v. Burke, 2010 Ohio 3597, 188 Ohio App. 3d 777, 936 N.E.2d 1019 (8th Dist. 2010).*