{"id":3047,"date":"2009-12-24T08:24:47","date_gmt":"2009-04-08T07:23:50","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-08T07:23:50","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3047","title":{"rendered":"OH5: Inventory could include crushed cigarette pack"},"content":{"rendered":"

Inventory search permitted officer looking in crushed up cigarette pack. State v. Davis<\/a>, 2009 Ohio 1660, 2009 Ohio App. LEXIS 1370 (5th Dist. April 3, 2009).<\/p>\n

Consent to “look in” the trunk was consent to search. Davis v. State<\/a>, 297 Ga. App. 319, 677 S.E.2d 372 (2009).<\/p>\n

“Probable cause is a decidedly amorphous concept that invokes an unstructured analysis,” and “‘[a]rticulating precisely what *** “probable cause” mean[s] is not possible.’ Ornelas v. United States<\/a> (1996), 517 U.S. 690, 695, 116 S.Ct. 1657, 134 L.Ed.2d 911.” Here, it cannot be said that the trial court was wrong in determining that there was PC. State v. Huber<\/a>, 2009 Ohio 1636, 2009 Ohio App. LEXIS 1347 (2d Dist. April 3, 2009).*<\/p>\n

Defendant was stopped for, first, turning away from a police car, and then backing down a street which the court finds is “‘Unprovoked flight upon seeing police officers'” (Wardlow<\/a>), and there was reasonable suspicion based on that where attention was drawn to the defendant by a radio call. State v. Chadwell<\/a>, 2009 Ohio 1630, 182 Ohio App. 3d 256, 912 N.E.2d 618 (2d Dist. 2009)* (Note: This is dependent on the backing up because merely turning away cannot be RS).<\/p>\n

On the arrest of the passenger in a car, the officer was justified in conducting a search incident of the interior under Belton<\/a> and Thornton<\/a>. The trial court erred in granting the motion to suppress. State v. Williams<\/a>, 2009 Ohio 1627, 2009 Ohio App. LEXIS 1356 (2d Dist. April 3, 2009).*<\/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-3047","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3047","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=3047"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3047\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3047"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3047"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3047"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}