{"id":4535,"date":"2011-01-11T11:39:16","date_gmt":"2010-08-11T07:15:38","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-11T07:15:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4535","title":{"rendered":"OH2: Defendant had no expectation of privacy from a probation search of brother&#8217;s place when staying with him when he was on probation"},"content":{"rendered":"<p>Defendant claimed she was staying with her brother for a few weeks prior to the search. He was on probation and signed a prior consent to a search of his premises. The PO searched under that consent and found drugs attributable to her. His consent to search was valid against her as to the whole premises. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2010\/2010-ohio-3653.pdf\">State v. McBeath<\/a>, 2010 Ohio 3653, 2010 Ohio App. LEXIS 3102 (2d Dist. August 6, 2010) [without any real analysis].<\/p>\n<p>Plaintiff failed to show a pattern and practice of unconstitutional plain view searches by the defendant police department\u2019s officers. No other example was shown. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions%5Cpub%5C09\/09-10313-CV0.wpd.pdf\">Zarnow v. City of Wichita Falls, Tex.<\/a>, 614 F.3d 161 (5th Cir. 2010).*<\/p>\n<p>Defendant was found to have consented to a patdown and a search of his luggage, so the court does not have to decide whether plain feel applies to drugs duct taped to his ankles. United States v. Contreras, 2010 U.S. Dist. LEXIS 79989 (D. Neb. August 6, 2010).*<\/p>\n<p>Defendant was escorted away from a house by the police, and they received a call that he was back. They came again and handcuffed him without even asking questions. The frisk thereafter was not shown to be justified, and the gun in his sock was suppressed. [The state appealed the suppression grant, and the defense did not file a brief and still won on the credibility finding.] People v. Wells, 403 Ill. App. 3d 849, 934 N.E.2d 1015, 343 Ill. Dec. 412 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4535\">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-4535","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4535","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=4535"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4535\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4535"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4535"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4535"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}