{"id":21101,"date":"2016-03-02T09:05:39","date_gmt":"2016-03-02T14:05:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21101"},"modified":"2016-03-02T09:05:56","modified_gmt":"2016-03-02T14:05:56","slug":"oh3-particularity-challenge-waived-by-not-presenting-to-suppression-court","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=21101","title":{"rendered":"OH3: Particularity challenge waived by not presenting it to suppression court"},"content":{"rendered":"<p>The officer\u2019s smelling marijuana outside defendant\u2019s residence was probable cause to corroborate the story that defendant had a grow going on. A particularity challenge was waived by not presenting it to the trial court at the suppression hearing. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/3\/2016\/2016-Ohio-749.pdf\">State v. Navarro<\/a>, 2016-Ohio-749, 2016 Ohio App. LEXIS 669 (3d Dist. Feb. 29, 2016).<\/p>\n<p>The officer had reason to believe that defendant\u2019s license had been suspended for six years, so he had reasonable suspicion that defendant\u2019s license was suspended when defendant was seen on the street. The following inventory of his vehicle was proper. United States v. Sandford, 2016 U.S. Dist. LEXIS 25140 (W.D.N.Y. Feb. 29, 2016).*<\/p>\n<p>Officers had reasonable suspicion defendant\u2019s Mercedes was involved in a robbery when it was parked outside a store for a long time and, after the robbery, it fled. United States v. Howard, 2016 U.S. Dist. LEXIS 24536 (E.D.Wis. Feb. 26, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer\u2019s smelling marijuana outside defendant\u2019s residence was probable cause to corroborate the story that defendant had a grow going on. A particularity challenge was waived by not presenting it to the trial court at the suppression hearing. State v. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=21101\">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":[66,65,35],"tags":[],"class_list":["post-21101","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-particularity","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21101","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=21101"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21101\/revisions"}],"predecessor-version":[{"id":21103,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21101\/revisions\/21103"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21101"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21101"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21101"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}