{"id":3074,"date":"2009-12-23T04:32:17","date_gmt":"2009-04-20T06:43:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-20T06:43:31","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3074","title":{"rendered":"OH8: No “plain feel” in a lump in the pocket"},"content":{"rendered":"

Defendant mailed a letter out of jail which was intercepted by his girlfriend’s mother, and she turned it over to the police. Before even getting to the private search issue, this is a matter of lack of standing: He had no REP in a letter in the hands of a third person. State v. Martinez<\/a>, 221 Ariz. 383, 212 P.3d 75 (App. 2009).<\/p>\n

Ohio statute on taking DNA from offenders is constitutional based on special needs. Wilson v. Wilkinson, 608 F. Supp. 2d 891 (S.D. Ohio 2009).*<\/p>\n

Defendant was riding a bicycle in a drug area, and he was stopped talking to somebody in a car. He rode toward the police car, realized it was a police car, and pedaled away from it. The officers then stopped him. Without getting to reasonable suspicion, the “plain feel” of the frisk was violated because it was apparent it was not a weapon. State v. Henderson<\/a>, 2009 Ohio 1795, 2009 Ohio App. LEXIS 1508 (8th Dist. April 16, 2009).*<\/p>\n

A 911 call said that two men were in a truck flashing a gun. Officers arrived and told the men to hold their hands out the window. The passenger was fidgeting and moving furtively as to the console. Officers saw a gun out of the console, and the seizure was justified. State v. Faggs<\/a>, 2009 Ohio 1758, 2009 Ohio App. LEXIS 1478 (5th Dist. April 8, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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