{"id":4282,"date":"2010-06-11T13:05:49","date_gmt":"2010-06-12T00:23:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-06-11T13:04:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4282","title":{"rendered":"OH6: Search of locked car where defendant fled was without exigency and was suppressed"},"content":{"rendered":"<p>Defendant drove to a house under surveillance for a coming drug raid. The defendant went back and forth between the house and the car. After the raid on the house, the defendant fled on foot, and the car was left locked. While the car was locked, there was no exigency because the defendant was gone. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/6\/2010\/2010-ohio-2580.pdf\">State v. Washington<\/a>, 2010 Ohio 2580, 2010 Ohio App. LEXIS 2126 (6th Dist. June 4, 2010):<\/p>\n<blockquote><p>Under these circumstances, there does not appear to be any reason for the officer to believe any evidence would be destroyed or lost without an immediate search of the automobile. While it is true the officer was unsure of the cocaine&#8217;s whereabouts (whether it was in the trunk or still with appellant), there is no immediate threat that would prevent the officer from waiting to obtain a warrant. Having arranged and observed the transaction, there certainly was probable cause that the cocaine was located in the locked car&#8217;s trunk. That being said, in order for a search to be reasonable under the Fourth Amendment, it must be based upon probable cause and executed pursuant to a warrant; a failure to do so without showing an exception causes the evidence seized in the unreasonable search to be suppressed. State v. Moore (2000), 90 Ohio St.3d 47, 2000 Ohio 10, 734 N.E.2d 804. Here, absent a warrant, no exception applies and it is the opinion of this court that the trial court erred in denying the motion to suppress. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4282\">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-4282","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4282","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=4282"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4282\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4282"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4282"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4282"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}