{"id":4393,"date":"2010-07-05T12:23:31","date_gmt":"2010-07-05T10:10:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-05T10:10:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4393","title":{"rendered":"OH11: Officer with PC could get all occupants out to search car"},"content":{"rendered":"

Defendant\u2019s vehicle with three passengers was stopped for a traffic offense, and the officer saw what appeared to be cocaine in the driver\u2019s hand. That enabled the officer to search the car, and he could get all four out of the car and separate them for safety. State v. Flowers<\/a>, 2010 Ohio 2952, 2010 Ohio App. LEXIS 2451 (11th Dist. June 25, 2010).*<\/p>\n

Drug dog going around the defendant\u2019s car while he was stopped for a traffic offense was not unreasonable. State v. Meredith<\/a>, 2010 Ohio 3121, 2010 Ohio App. LEXIS 2617 (5th Dist. July 1, 2010).*<\/p>\n

The court finds defendant\u2019s afterthought testimony that he told the officers that they could not search his place before his cotenant agreed so he could rely on Randolph<\/a> to be incredible. United States v. Penlton, 2010 U.S. Dist. LEXIS 65750 (E.D. Wis. May 20, 2010)*:<\/p>\n

A significant fact that is not captured in the transcript of this exchange is that between the court’s question of whether the police said anything else, (denoted by an asterisk in the excerpt above), and Penlton beginning his response, there were, by the court’s estimation, five full seconds of thought by Penlton. This substantial period of contemplation and deliberation was entirely inconsistent with the tempo and tenor of Penlton’s other testimony. This suggests that once Penlton realized he had neglected the key component of his claim, he changed his testimony and included this refusal of consent in place of what had previously been merely a statement that it did not matter who was in the house. Such a seemingly conscious alteration of testimony is not indicative of truthfulness.\n<\/p><\/blockquote>\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-4393","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4393","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=4393"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4393\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4393"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4393"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4393"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}