{"id":4807,"date":"2010-10-23T11:07:29","date_gmt":"2010-10-24T00:05:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-23T11:07:29","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4807","title":{"rendered":"OH5: Request for consent while handing papers back did not unreasonably extend the stop"},"content":{"rendered":"<p>A request for consent to search at the same time the officer handed back defendant\u2019s DL and registration papers did not mean that the stop was continued for the request for consent. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2010\/2010-ohio-5092.pdf\">State v. Eatmon<\/a>, 2010 Ohio 5092, 2010 Ohio App. LEXIS 4287 (5th Dist. October 18, 2010)*:<\/p>\n<blockquote><p>[*P38]  While the officer goes on to testify that standard operating procedure is to issue the warning and tell the person that he or she is free to leave before requesting consent to search, in the instant case appellant was not free to leave after she issued the warning because she had not yet returned his license and registration. While she could not remember whether she returned these items before or after the search of the vehicle, the request to search was contemporaneous with the return of appellant&#8217;s license and registration, and the officer therefore had not completed the traffic stop at the time consent was received for the search. Appellant was not unlawfully detained at the time he gave consent to search.\n<\/p><\/blockquote>\n<p>Defendant\u2019s nervous behavior and furtive movements in the car of him and the occupants was reasonable suspicion. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2010\/2010-ohio-5074.pdf\">State v. Agee<\/a>, 2010 Ohio 5074, 2010 Ohio App. LEXIS 4267 (8th Dist. October 14, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4807\">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-4807","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4807","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=4807"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4807\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4807"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4807"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4807"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}