{"id":51216,"date":"2022-01-22T08:21:16","date_gmt":"2022-01-22T13:21:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51216"},"modified":"2022-01-22T08:21:16","modified_gmt":"2022-01-22T13:21:16","slug":"oh2-police-car-blocking-defs-car-in-a-parking-lot-was-a-seizure-without-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=51216","title":{"rendered":"OH2: Police car blocking def&#8217;s car in a parking lot was a seizure without RS"},"content":{"rendered":"\n<p>\u201cWe conclude that a police officer&#8217;s act of positioning the cruiser in a way that made it difficult, albeit not impossible, for Jones to drive away constituted a show of authority sufficient to cause a reasonable person in Jones&#8217; position to believe he was not free to leave. Because police seized Jones without any suspicion of criminal activity, the trial court properly suppressed evidence subsequently found in his vehicle.\u201d <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2022\/2022-Ohio-149.pdf\">State v. Jones<\/a>, 2022-Ohio-149, 2022 Ohio App. LEXIS 125 (2d Dist. Jan. 21, 2022).<\/p>\n\n\n\n<p>\u201cWhile Staggers does not so state, presumably the warrant he seeks to suppress is the warrant for his residence at 2116 Greenwood Drive. However, Staggers&#8217; argument on this issue is completely conclusory. In his memorandum, he does not state what Fourth Amendment violation occurred, or reference any facts to support one. The court&#8217;s review of the record does not suggest a Fourth Amendment violation occurred. To the contrary, it reflects that probable cause existed for the warrant. The warrant was supported by an 11-page affidavit that detailed a long-running wiretap narcotics investigation. \u2026 Under the totality of the circumstances, they establish probable cause for the search of 2116 Greenwood Drive.\u201d United States v. Staggers, 2022 U.S. Dist. LEXIS 10342 (E.D.La. Jan. 20, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cWe conclude that a police officer&#8217;s act of positioning the cruiser in a way that made it difficult, albeit not impossible, for Jones to drive away constituted a show of authority sufficient to cause a reasonable person in Jones&#8217; position &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=51216\">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":[104,35,69],"tags":[],"class_list":["post-51216","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-reasonable-suspicion","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51216","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=51216"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51216\/revisions"}],"predecessor-version":[{"id":51217,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51216\/revisions\/51217"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51216"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51216"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}