OH5: Search incident of duffle bag after arresting and removing defendant from room violated SI

Officers had a warrant for the defendant, and they got permission to enter the dwelling of another to look for him. They found defendant standing in a bedroom closet, and took him downstairs to secure him. The officer who found him went back to the bedroom and searched a duffle bag that was in the closet. The search was invalid under the search incident doctrine because defendant was nowhere around it at the time. State v. Justice, 2011 Ohio 4004, 2011 Ohio App. LEXIS 3366 (5th Dist. August 10, 2011).

Defendant was walking in a high crime area with a shopping bag and he was observed near the officers reaching into a truck. The officer grabbed for defendant and saw a baggie of drugs. The defendant did not make a furtive movement and there was no reason to believe he was armed, so the search was invalid. State v. Abner, 2011 Ohio 4007, 194 Ohio App. 3d 523, 957 N.E.2d 72 (2d Dist. 2011).*

Defendant’s frisk was justified under Terry, so defense counsel was not ineffective for not raising it. State v. Parra, 2011 Ohio 3977, 2011 Ohio App. LEXIS 3348 (8th Dist. August 11, 2011).*