{"id":4658,"date":"2011-02-17T08:26:48","date_gmt":"2011-02-09T17:18:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-09-14T06:50:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4658","title":{"rendered":"OH3: Emptying pocket during patdown not justified by plain feel"},"content":{"rendered":"<p>Defendant was stopped for lacking a rear license plate. When he got out of his car, he reached for a pocket, and the officer conducted a patdown, emptying the pocket. The emptying the pocket was unjustified by plain feel because it was obviously not a weapon. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/3\/2010\/2010-ohio-4171.pdf\">State v. Olding<\/a>, 2010 Ohio 4171, 2010 Ohio App. LEXIS 3557 (3d Dist. September 7, 2010).<\/p>\n<p>Defendant was not only cooperative, he was eager to cooperate, and he volunteered when stopped, \u201cout of the blue\u201d &#8230; \u201cWhat you&#8217;re looking for is behind the seat.\u201d He was asked \u201cif he cared if his vehicle was searched, and Defendant responded, \u2018No, go ahead.\u2019\u201d This was consent. He then consented to a search of his house for more marijuana. <a href=\"http:\/\/www.tsc.state.tn.us\/OPINIONS\/tcca\/PDF\/103\/WrightJohnWayneOPN.pdf\">State v. Wright<\/a>, 2010 Tenn. Crim. App. LEXIS 736 (September 3, 2010).*<\/p>\n<p>Officers had a homicide suspect in custody on the street after a stop, and the defendant rolled by and was acting furtively in the car. An officer approached, and he was scrambling to hide something. One thing led to another, and the defendant assaulted the officer trying to flee. When the first contact occurred, defendant voluntarily had stopped and was approached to see why he was talking to the suspect when the incident occurred. It was not a stop. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2010\/2010-ohio-4277.pdf\">State v. Williams<\/a>, 2010 Ohio 4277, 2010 Ohio App. LEXIS 3619 (2d Dist. September 10, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4658\">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-4658","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4658","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=4658"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4658\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4658"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4658"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4658"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}