NM: Round golf ball sized object in pocket was not suspected to be a weapon during patdown, so search for it was unreasonable

The officer could not reasonably conclude that the golf ball size object found in defendant’s pocket after a patdown was a weapon. Alternatively, inevitable discovery did not support search incident of the object in his domestic battery arrest because he was not arrested at the scene and state law did not permit a warrantless DV arrest away from the scene. State v. Almanzar, 2012 NMCA 111, 288 P.3d 238 (App. 2012), Certiorari Granted, November 2, 2012, No. 33,763.*

Officers knocked and were admitted to the house. Additional officers entered by consent by defendant’s girlfriend not objecting and they conducted a sweep of the downstairs to talk to additional persons. State v. Strickland, 2012 Ohio 3397, 2012 Ohio App. LEXIS 2990 (2d Dist. July 27, 2012).* [Two officers in the house and two more called in, and the second wave is consent by not objecting? This isn’t acceding to a claim of lawful authority? I can see this one going down another way for the state, but this resolution is just wrong on consent.]