OH8: Officers saw defendant inside engaging in drug trafficking but he didn’t know they were outside; warrant required, except he consented

Detectives testified that they were responding to a police report of harassment at defendant’s residence when they viewed him through his front window engaging in drug trafficking. At the suppression hearing, the detectives each testified that they believed entry into defendant’s apartment was necessary to prevent the destruction of evidence. However, there was no indication that any marijuana or other evidence was being destroyed. In fact, defendant was alone in his apartment and was unaware that the detectives were even at his front door until they announced their presence. Thus, the detectives had ample opportunity to secure the premises and obtain a valid warrant without risking retrieval of the evidence at issue. However, because defendant opened the door and took a step back when the detectives asked to enter his apartment, he consented to their entry. Once inside the apartment, the marijuana was in plain view, justifying defendant’s arrest. State v. Booker, 2012 Ohio 162, 2012 Ohio App. LEXIS 126 (8th Dist. January 19, 2012).*

Defendant called police because of a domestic disturbance between him and his live-in girlfriend. The officer asked about the drugs and rolling papers on the dresser, and the girlfriend said it was his and she’d take a drug test. The stuff was in plain view and validly seized. State v. Seagle, 2012 Ohio 132, 2012 Ohio App. LEXIS 105 (3d Dist. January 17, 2012).* [Note: If you’re inviting the cops into your house, at least have the presence of mind to hide your dope.]