{"id":2635,"date":"2012-11-06T10:38:03","date_gmt":"2008-11-02T06:31:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-11-03T06:45:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2635","title":{"rendered":"OH8: Reasonable belief person wanted was inside justified entry"},"content":{"rendered":"

Officers with a reasonable belief that defendant was a person named in an arrest warrant gained entry on the warrant. Once inside, they determined that he was not the person they were looking for. He consented, however, to a sweep of the house to look for the person they wanted, and a plain view of 100 lbs of marijuana was justified. State v. Barnes<\/a>, 2008 Ohio 5602, 2008 Ohio App. LEXIS 4716 (8th Dist. October 30, 2008):<\/p>\n

[*P15] More importantly, even if Barnes had not consented, the deputies still would have been allowed to look inside the house for Scott because they had an active arrest warrant for Scott and a reasonable belief that he lived in the house. Police, without a search warrant, consent, or exigent circumstances, are allowed to enter the residence of a person with an active arrest warrant to execute said warrant. See Payton v. New York<\/a> (1980), 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639. In State v. Tolbert (1996), 116 Ohio App.3d 86, 686 N.E.2d 1375, we determined that the police may enter a dwelling in order to arrest a person named in an arrest warrant who is not the homeowner if there is reason to believe that the person listed in the warrant is in the home. Id. (adopting the holding in United States v. Underwood (C.A.9 1983), 717 F.2d 482).<\/p><\/blockquote>\n

Officer had reasonable suspicion for a stop of a car seen stopped in a high crime area along side another car so they could talk to each other [like cops do] and “eyeballed” the police car driving by. Once stopped, marijuana was seen in plain view in the back seat. State v. Douglas<\/a>, 2008 Ohio 5568, 2008 Ohio App. LEXIS 4702 (9th Dist. October 29, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2635","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2635","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2635"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2635\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2635"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2635"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2635"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}