{"id":4435,"date":"2011-01-08T10:27:01","date_gmt":"2010-07-16T08:00:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-16T08:00:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4435","title":{"rendered":"OH10: \u201cIf that&#8217;s what you guys want to do\u201d not consent"},"content":{"rendered":"<p>\u201cIf that&#8217;s what you guys want to do\u201d in response to a request to search defendant\u2019s car was not clear and unequivocal consent. Suppression order affirmed. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/10\/2010\/2010-ohio-3289.pdf\">State v. Mays<\/a>, 2010 Ohio 3289, 2010 Ohio App. LEXIS 2789 (10th Dist. July 13, 2010).*<\/p>\n<p>Defendant got out of a car that police then approached and smelled marijuana smoke and saw a blunt inside it. The search of defendant\u2019s person was unjustified because the driver said that the blunt was his. <a href=\"http:\/\/scholar.google.com\/scholar_case?case=4424508633647417729&amp;q=2009+Ohio+3436&amp;hl=en&amp;as_sdt=1002\">State v. Johnson<\/a>, 2009 Ohio 3436, 2009 Ohio App. LEXIS 5922 (10th Dist. July 14, 2009):<\/p>\n<blockquote><p>[*P20]  If the issue before us were the search of the car, <a href=\"http:\/\/scholar.google.com\/scholar_case?case=7348109488950267589&amp;q=734+N.E.2d+804,&amp;hl=en&amp;as_sdt=1002\">Moore<\/a> would apply. However, no testimony at the hearing on the motion to suppress indicated that Johnson had any odor of marijuana smoke on him. At most, Johnson had been in a car while someone smoked marijuana earlier, but his presence in the car did not provide probable cause to believe he possessed marijuana at the time he was searched, especially in light of the driver&#8217;s acknowledgement that the marijuana belonged to him (the driver). There was no probable cause to believe that more marijuana or any other controlled substance was in the possession of anyone outside the car.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4435\">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-4435","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4435","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=4435"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4435\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4435"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4435"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4435"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}