{"id":3362,"date":"2010-03-23T10:42:34","date_gmt":"2009-09-08T08:53:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-09-08T08:53:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3362","title":{"rendered":"OH2: Hand-to-hand buy weeks earlier required arrest warrant for when defendant was stopped on the street for a SI"},"content":{"rendered":"<p>Police had information for weeks of drug sales and made a warrantless arrest after a vehicle stop on &#8220;warrants&#8221; from the detective section. They clearly had time to get an arrest warrant. The search incident of the car was invalid. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2009\/2009-ohio-4606.pdf\">State v. Jones<\/a>,  183 Ohio App. 3d 839, 2009 Ohio 4606, 919 N.E.2d 252 (2d Dist. 2009).<\/p>\n<p>Officers had PC to believe that defendant was involved in hand-to-hand drug sales with cars that drove up. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/4\/2009\/2009-ohio-4536.pdf\">State v. Lee<\/a>, 2009 Ohio 4536, 2009 Ohio App. LEXIS 3828 (4th Dist. August 27, 2009).*<\/p>\n<p>Defendant was seized in her own home when the officer restricted her going to the bathroom to vomit and then watched her constantly and questioned her. <a href=\"http:\/\/www.publications.ojd.state.or.us\/A135885.htm\">State v. Martinez<\/a>, 230 Ore. App. 492, 216 P.3d 347 (2009).*<\/p>\n<p>Police officer came on a traffic accident, and defendant at first admitted he had been driving, and the officer suspected he was DUI.  He was placed in the police car and questioned. The legality of the questioning did not have to be considered because the court found it harmless under all the circumstances considering the testimony at trial. <a href=\"http:\/\/www.state.ak.us\/courts\/ops\/ap-2233.pdf\">Rockwell v. State<\/a>, 215 P.3d 369 (Alas. App. 2009).*<\/p>\n<p>Defendant consented to an entry of his motel room, and a gun and drugs in plain view were properly seized. United States v. Davis, 2009 U.S. Dist. LEXIS 79472 (W.D. Okla. September 3, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3362\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-3362","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3362","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=3362"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3362\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3362"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3362"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3362"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}