OH8: Innocuous movement in car was not “furtive”

The movement in the backseat was not necessarily a furtive movement, and the trial court granted the motion to suppress. “Without a firm statement from the testifying officer that a hand-to-hand exchange occurred, the legal standard found in Pettegrew is not met. As this court found in Pettegrew, ‘because the action of the men is consistent with innocent behavior, we resolve this case in favor of [defendant’s] Fourth Amendment rights.’” Affirmed. State v. Toles, 2011 Ohio 217, 2011 Ohio App. LEXIS 164 (8th Dist. January 20, 2011).*

An officer passed on information to a school principal that the defendant juvenile was dealing heroin. The principal’s search of the student was based on the school’s “zero tolerance policy” and not at the request of law enforcement and it was valid under T.L.O. In re K. K., 2011 Ohio 192, 192 Ohio App. 3d 650, 950 N.E.2d 198 (5th Dist. 2011), Discretionary appeal not allowed by In re K.K., 128 Ohio St. 3d 1501, 2011 Ohio 2420, 947 N.E.2d 683, 2011 Ohio LEXIS 1306 (Ohio, May 25, 2011).*

Defendant was stopped for a traffic offense, and he had tattoos that suggested membership in a violent gang involved with drugs. He consented to a search of his car, and nothing was found. Officers then went to his house and did a knock and talk with his live-in girlfriend consenting to a search for drugs and some were found. The search was valid. State v. Arnold, 2011 Ohio 238, 2011 Ohio App. LEXIS 204 (2d Dist. January 21, 2011).*

Defendant’s traffic stop led to the officer smelling marijuana, and then defendant waived her Miranda rights. State v. Hardy, 2011 Ohio 241, 2011 Ohio App. LEXIS 197 (2d Dist. January 21, 2011).*