Post details: OH3: Defendants did not show standing in the pickup truck they were in

08/04/10

Permalink 07:47:25 am, by fourth, 171 words, 342 views   English (US)
Categories: General

OH3: Defendants did not show standing in the pickup truck they were in

Defendants’ truck was stopped because it was behind a business with a large amount of wire in the bed that the officer thought was stolen. The defendants did not show a connection to the truck to have standing. Even so, they consented to the search. State v. Graziani, 2010 Ohio 3550, 2010 Ohio App. LEXIS 3017 (3d Dist. August 2, 2010).*

The officer’s detailing of alleged drug transactions in the affidavit for the search warrant showed probable cause. State v. Tinsley, 2010 Ohio 3535, 2010 Ohio App. LEXIS 3035 (2d Dist. July 30, 2010).*

The trial court considered the totality of circumstances in determining that defendant did not consent to the search, so the order granting the suppression motion is granted. State v. Wilburn, 2010 Ohio 3536, 188 Ohio App. 3d 384, 935 N.E.2d 509 (2d Dist. 2010).*

The video supports the defendant’s consent. State v. Stepp, 2010 Ohio 3540, 2010 Ohio App. LEXIS 3038 (4th Dist. July 20, 2010).*

Being placed in the patrol car was not a Fourth Amendment seizure. The dog sniff did not take too long. State v. Kelly, 2010 Ohio 3560, 188 Ohio App. 3d 842, 937 N.E.2d 149 (12th Dist. 2010).*

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