{"id":27191,"date":"2017-05-17T00:00:59","date_gmt":"2017-05-17T05:00:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=27191"},"modified":"2017-05-16T16:26:10","modified_gmt":"2017-05-16T21:26:10","slug":"oh2-direction-to-def-to-not-reach-into-his-own-pocket-for-a-consent-search-wasnt-a-seizure","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=27191","title":{"rendered":"OH2: Direction to def to not reach into his own pocket for a consent search wasn&#8217;t a seizure"},"content":{"rendered":"<p>Defendant&#8217;s attempt to reach into his own pocket did not constitute an unequivocal withdrawal of the consent to search he had given to the officer. Defendant&#8217;s conduct appeared to have been an attempt to help facilitate the search, not to prevent it. Thus, a heroin capsule found in his pocket was not subject to suppression. No Fourth Amendment violation arose from the officer&#8217;s act of telling defendant to &#8220;keep his hands out of his pockets&#8221; while the officer &#8220;checked for him.&#8221; <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2017\/2017-Ohio-2788.pdf\">State v. Wehner<\/a>, 2017-Ohio-2788, 2017 Ohio App. LEXIS 1815 (2d Dist. May 12, 2017).<\/p>\n<p>The search warrant for defendant\u2019s possession of firearms was not stale considering there was evidence that it was a pattern and the fact guns are usually kept. United States v. Serrano, 2017 U.S. Dist. LEXIS 72739 (D.Ariz. March 14, 2017),* adopted, 2017 U.S. Dist. LEXIS 72740 (D. Ariz. May 10, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant&#8217;s attempt to reach into his own pocket did not constitute an unequivocal withdrawal of the consent to search he had given to the officer. Defendant&#8217;s conduct appeared to have been an attempt to help facilitate the search, not to &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=27191\">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":[69,8],"tags":[],"class_list":["post-27191","post","type-post","status-publish","format-standard","hentry","category-seizure","category-staleness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27191","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=27191"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27191\/revisions"}],"predecessor-version":[{"id":27192,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27191\/revisions\/27192"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27191"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27191"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27191"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}