{"id":5037,"date":"2011-06-26T09:51:46","date_gmt":"2010-12-29T09:49:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-29T09:49:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5037","title":{"rendered":"OH8: Defendant was stopped without RS as officers were awaiting a SW for his house; car stop invalid"},"content":{"rendered":"

Officers were obtaining a search warrant for defendant\u2019s house, and he left and those inside were looking out the windows. Officers decided to stop defendant because they hadn\u2019t yet developed a plan for the search. Defendant\u2019s stop was without legal justification, and the car search was invalid. State v. Okundaye<\/a>, 2010 Ohio 6363, 2010 Ohio App. LEXIS 5282 (8th Dist. December 23, 2010).*<\/p>\n

Defendant was stopped for speeding, and he made furtive movements, was extremely nervous, and there was masking odor. All of that was reasonable suspicion. State v. Franzen<\/a>, 2010 ND 244, 792 N.W.2d 533 (2010).*<\/p>\n

A telephone call from a citizen to the police said that two men were attempting to break into a bank\u2019s night deposit drop. When the police approached men matching the description, they drove in a different direction. \u201cThis is not a case where a citizen’s report was the only factor supporting the magistrate judge’s probable cause determination. Bartz observed Datcu and Cipu in a location unusual for that day and time\u2014parked in the evening in a concealed manner in an adjacent parking lot to the closed banks. Datcu’s all black outfit made him less visible from a distance, and both men changed course once they saw Officer Bartz, apparently seeking to elude him and to distance themselves from the concealed vehicle with out of state license plates.\u201d United States v. Datcu<\/a>, 627 F.3d 1074 (8th Cir. 2010).*<\/p>\n

Defendant claimed that defense counsel was ineffective for not arguing that his consent to search his backpack in an airport was inherently coercive. Defendant\u2019s consent was voluntary anyway. United States v. Davis<\/a>, 406 Fed. Appx. 268 (10th Cir. 2010) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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