{"id":25159,"date":"2017-01-03T00:04:09","date_gmt":"2017-01-03T05:04:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25159"},"modified":"2017-01-03T08:55:14","modified_gmt":"2017-01-03T13:55:14","slug":"oh-two-on-length-of-detentions-one-had-invalid-consent-for-a-patdown-one-led-to-dog-sniff-within-minutes-of-stop","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=25159","title":{"rendered":"OH: Two on length of detentions: One had invalid consent for a patdown; one led to dog sniff within minutes of stop"},"content":{"rendered":"<p>The trial court\u2019s findings that defendant\u2019s consent to a patdown during what had become an unlawful detention was mere acquiescence to authority was supported by the evidence and is affirmed. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/9\/2016\/2016-Ohio-8506.pdf\">State v. Oberholtz<\/a>, 2016-Ohio-8506, 2016 Ohio App. LEXIS 5335 (9th Dist. Dec. 30, 2016).*<\/p>\n<p>Defendant was pulling a trailer and he was stopped for lane change and following too close violations. Another officer with a drug dog arrived within minutes and did a sniff and alerted. On the video, the officer was still talking about the lane change violation when the dog was going around the vehicle [likely just for the court]. This was 11 minutes into the stop. Normally a traffic stop takes this officer 15-20 minutes. Thus, the stop was not prolonged for the dog. A hidden compartment was found with 156 pds of marijuana. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/12\/2016\/2016-Ohio-8456.pdf\">State v. Blatchford<\/a>, 2016-Ohio-8456, 2016 Ohio App. LEXIS 5283 (12th Dist. Dec. 28, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The trial court\u2019s findings that defendant\u2019s consent to a patdown during what had become an unlawful detention was mere acquiescence to authority was supported by the evidence and is affirmed. State v. Oberholtz, 2016-Ohio-8506, 2016 Ohio App. LEXIS 5335 (9th &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=25159\">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":[24,27,35],"tags":[],"class_list":["post-25159","post","type-post","status-publish","format-standard","hentry","category-consent","category-dog-sniff","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25159","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=25159"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25159\/revisions"}],"predecessor-version":[{"id":25183,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25159\/revisions\/25183"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25159"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25159"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}