{"id":50109,"date":"2021-10-31T10:04:33","date_gmt":"2021-10-31T15:04:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50109"},"modified":"2021-11-01T08:06:27","modified_gmt":"2021-11-01T13:06:27","slug":"oh5-defs-consent-after-being-told-drug-dog-was-coming-for-her-car-wasnt-voluntary","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50109","title":{"rendered":"OH5: Def&#8217;s consent after being told drug dog was coming for her car wasn&#8217;t voluntary"},"content":{"rendered":"\n<p>The trial court held defendant\u2019s consent was involuntary. She was asked for consent and told that a drug dog was coming so she might as well give it up. The conclusion is supported by the evidence and isn\u2019t clearly erroneous. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2021\/2021-Ohio-3833.pdf\">State v. Flink<\/a>, 2021-Ohio-3833, 2021 Ohio App. LEXIS 3726 (5th Dist. Oct. 28, 2021).<\/p>\n\n\n\n<p>The execution of this search warrant in Broome County (Binghamton), New York included taking wastewater from the trap of the kitchen sink. Defendant was charged with meth in the wastewater. <a href=\"https:\/\/nycourts.gov\/reporter\/3dseries\/2021\/2021_05895.htm\">People v. Dickerson<\/a>, 2021 NY Slip Op 05895, 2021 N.Y. App. Div. LEXIS 5948 (3d Dept. Oct. 28, 2021).<\/p>\n\n\n\n<p>Defendant was reasonably ordered out of his car during a traffic stop and that led to a valid plain view of a firearm. United States v. Wright, 2021 U.S. Dist. LEXIS 207896 (S.D.Fla. Oct. 28, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The trial court held defendant\u2019s consent was involuntary. She was asked for consent and told that a drug dog was coming so she might as well give it up. The conclusion is supported by the evidence and isn\u2019t clearly erroneous. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=50109\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27,51,28,16],"tags":[],"class_list":["post-50109","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-plain-view","category-voluntariness","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50109","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=50109"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50109\/revisions"}],"predecessor-version":[{"id":50123,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50109\/revisions\/50123"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50109"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50109"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50109"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}