{"id":5099,"date":"2012-12-29T14:35:59","date_gmt":"2011-01-18T00:12:22","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-01-17T09:40:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5099","title":{"rendered":"OH8: Frisk for driving scooter without license unjustified"},"content":{"rendered":"

Defendant was stopped for driving a scooter without eye gear and a helmet. He was found to not have a license on him. A frisk was not justified. State v. Williams<\/a>, 2011 Ohio 108, 2011 Ohio App. LEXIS 73 (8th Dist. January 13, 2011).*<\/p>\n

Read as a whole, the affidavit for the search warrant showed when the CI said she smoked dope with the defendant, so search warrant was not stale. Moss v. State<\/a>, 2011 Ark. App. 14, 380 S.W.3d 479 (2011).*<\/p>\n

Defendant was stopped for a \u201cpedestrian violation\u201d [jaywalking?], the validity of which was not at issue, and the officer at 5′ from him could smell the overwhelming smell of marijuana. There was no reasonable expectation of privacy in the odor coming from his body. The stop was valid. State v. Hill<\/a>, 54 So. 3d 530 (5th DCA January 14, 2011).*<\/p>\n

The officer pulled the patrol car behind the defendant\u2019s car who pulled into a parking space. The trial court failed to determine whether there was reasonable suspicion for a stop, so the case is remanded. State v. Thompson<\/a>, 2011 ND 11, 793 N.W.2d 185 (2011).*<\/p>\n

Defendant\u2019s stop for parking in front of a driveway was cause. The fact he drove off before the stop did not void the stop. He was found to be DUI, and the stop was valid. Rickards v. State<\/a>, 2011 Del. LEXIS 23 (January 12, 2011).*<\/p>\n

Defendant was under arrest when he was handcuffed, and a search incident to the arrest produced keys to the apartment that the officers were getting a search warrant for. State v. Bazley<\/a>, 60 So. 3d 7 (La. App. 5th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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