OH2: Consent was revoked when defendant put down his arms and asked “we really have to do this?”

Defendant was validly stopped for suspicion of counterfeiting. He said the $20 bill came from another store, and he agreed to a patdown for more currency, but he finally revoked. “The State admits that Defendant’s consent was likely revoked once he lowered his arms and protested whether ‘we really have to do this,’ demonstrating by his conduct that he did not consent to the patdown search extending to his jacket pocket. We agree.” That led to finding a baggie of cocaine, which was unreasonable. State v. Jacko, 2011 Ohio 6494, 2011 Ohio App. LEXIS 5353 (2d Dist. December 16, 2011).*

Defendant failed to show any connection to the premises for standing as a resident or guest. Even if he did, the search was valid by third-party consent. State v. Smith, 2011 Ohio 6466, 2011 Ohio App. LEXIS 5307 (8th Dist. December 15, 2011).*

An alleged failure of a law enforcement officer to follow protocol established by the Kansas Department of Health and Environment for administering a breath test to determine the blood-alcohol level of a suspected drunk driver is not itself a violation of a constitutional right and is not legally sufficient to support a motion to suppress. But because the alleged failure goes to the evidentiary foundation for admission of the test results, such evidence might be challenged before trial by a motion in limine. State v. Smith, 46 Kan. App. 2d 939, 268 P.3d 1206 (2011).*