{"id":4923,"date":"2010-11-23T07:22:55","date_gmt":"2010-11-23T07:22:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-23T07:22:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4923","title":{"rendered":"OH12: Admission driver had 8-10 drinks was cause for blood test"},"content":{"rendered":"<p>Defendant\u2019s admission that he had 8-10 beers and shots and slurred speech was probable cause justification for a blood draw under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=9806833505253407923&amp;q=schmerber&amp;hl=en&amp;as_sdt=1002\">Schmerber<\/a>. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/12\/2010\/2010-ohio-5667.pdf\">State v. Palmieri<\/a>, 2010 Ohio 5667, 2010 Ohio App. LEXIS 4782 (12th Dist. November 22, 2010).*<\/p>\n<p>An officer saw a car parked in a subdivision under construction where there had been repeated thefts from the construction sites. He approached and found steamed up windows and defendant and his minor nephew. The nephew told the officer about sex in the car, but he didn\u2019t want to get his uncle in trouble. The stop was valid, as was the arrest and then the impoundment and inventory of the car. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/3\/2010\/2010-ohio-5674.pdf\">State v. Klose<\/a>, 2010 Ohio 5674, 2010 Ohio App. LEXIS 4786 (3d Dist. November 22, 2010).*<\/p>\n<p>Defendant drove too fast into an apartment building parking lot, and the police were called. The officer talked to the defendant and smelled alcohol on his breath, and defendant refused to identify himself and became loud. The officer had probable cause to arrest defendant for being under the influence. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2010\/2010-ohio-5581.pdf\">City of Lakewood v. Crump<\/a>, 2010 Ohio 5581, 2010 Ohio App. LEXIS 4697 (8th Dist. November 18, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4923\">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-4923","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4923","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=4923"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4923\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4923"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4923"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4923"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}