{"id":19807,"date":"2015-12-06T00:05:45","date_gmt":"2015-12-06T05:05:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19807"},"modified":"2015-12-06T10:16:50","modified_gmt":"2015-12-06T15:16:50","slug":"oh2-def-was-illegally-detained-to-induce-him-to-give-up-his-dna-and-his-statement-was-suppressed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=19807","title":{"rendered":"OH2: Def was illegally detained to induce him to give up his DNA, and his statement was suppressed"},"content":{"rendered":"<p>Defendant was illegally detained in an effort to get him to give up his DNA. The officer got him to go down to the stationhouse, but it wasn\u2019t by consent. His statement was suppressed. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2015\/2015-Ohio-5010.pdf\">State v. Armstead<\/a>, 2015-Ohio-5010, 2015 Ohio App. LEXIS 4870 (2d Dist. Dec. 4, 2015).<\/p>\n<p>There was no reasonable suspicion for defendant\u2019s continued detention, and the officer was unable to corroborate the detail defendant had a gun. Defendant, however, consented and revealed he had a gun, and that was reasonable suspicion. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2015\/2015-Ohio-5012.pdf\">State v. Ebert<\/a>, 2015-Ohio-5012, 2015 Ohio App. LEXIS 4840 (2d Dist. Dec. 4, 2015).*<\/p>\n<p>Defendant\u2019s lane violation and failing the FST was probable cause for his arrest for DUI. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2015\/2015-Ohio-4953.pdf\">State v. Locker<\/a>, 2015-Ohio-4953, 2015 Ohio App. LEXIS 4788 (5th Dist. Nov. 30, 2015).*<\/p>\n<p>Defendant was stopped for a traffic offense, and the officer admittedly intended to search the car. She asked for consent and immediately got it. She had defendant wait for backup to arrive which took 5-7 minutes. Defendant also consented to a search of his shoes and socks where drugs were found. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2015\/2015-Ohio-5011.pdf\">State v. Chaney<\/a>, 2015-Ohio-5011, 2015 Ohio App. LEXIS 4839 (2d Dist. Dec. 4, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was illegally detained in an effort to get him to give up his DNA. The officer got him to go down to the stationhouse, but it wasn\u2019t by consent. His statement was suppressed. State v. Armstead, 2015-Ohio-5010, 2015 Ohio &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=19807\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,24],"tags":[],"class_list":["post-19807","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-consent"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19807","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19807"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19807\/revisions"}],"predecessor-version":[{"id":19815,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19807\/revisions\/19815"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19807"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19807"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19807"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}