{"id":4346,"date":"2011-01-11T11:27:29","date_gmt":"2010-06-28T09:43:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-06-28T09:43:18","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4346","title":{"rendered":"OR: Questions seeking consent before paperwork returned were without reasonable suspicion"},"content":{"rendered":"

Officer directed defendant out of the car before the ticket was written, and he asked the defendant if he had anything on him that he shouldn\u2019t have. Defendant believed he was seized at the time of the questioning which was without reasonable suspicion, and the motion to suppress should have been granted. State v. Smith<\/a>, 236 Ore. App. 5, 237 P.3d 853 (2010).*<\/p>\n

Search of defendant\u2019s car was reasonable when there was the smell of burnt marijuana coming from the car when it was stopped. Commonwealth v. Garden<\/a>, 451 Mass. 43, 883 NE 2d 905 (2008), which only involved the smell of burnt marijuana on clothes as not justifying a search of the car is distinguished. Commonwealth v. Degray<\/a>, 77 Mass. App. Ct. 122, 928 N.E.2d 971 (2010).*\t<\/p>\n

Defendant was stopped for being involved in a possible theft offense. During the stop, it was determined that there was no theft offense, so the justification for the stop evaporated, and there was no additional justification. Suppression order affirmed. State v. Knox<\/a>, 2010 Ohio 2889, 2010 Ohio App. LEXIS 2393 (8th Dist. June 24, 2010).*<\/p>\n

A passenger\u2019s conduct and words were an apparent diversion from the car which added to justification to get the passengers out and drugs were in plain view and validly seized. State v. Newsome<\/a>, 2010 Ohio 2891, 2010 Ohio App. LEXIS 2394 (8th Dist. June 24, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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