{"id":54535,"date":"2023-03-21T08:00:33","date_gmt":"2023-03-21T13:00:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54535"},"modified":"2023-03-21T08:00:33","modified_gmt":"2023-03-21T13:00:33","slug":"oh1-defense-counsel-ineffective-for-not-challenging-states-alleged-consent-after-they-announced-were-going-to-be-doing-a-search-warrant-here","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=54535","title":{"rendered":"OH1: Defense counsel ineffective for not challenging state&#8217;s alleged consent after they announced &#8220;we&#8217;re going to be doing a search warrant here&#8221;"},"content":{"rendered":"\n<p>\u201cThe totality of the circumstances show that the signed consent-to-search form was not a product of consent, but an acquiescence to a claim of lawful authority.\u201d \u201cAs Gaston complied with Davis&#8217;s instructions to sit in a chair on the porch, Davis stated, \u2018We&#8217;ve got\u2014we&#8217;re going to be doing a search warrant here.\u2019 After Gaston repeatedly indicated that he was alone in the house, officers entered the home and announced, \u2018POLICE DEPARTMENT, SEARCH WARRANT.\u2019 The officers conducted a sweep of the home. Two hours later, Gaston is seen on the porch in handcuffs surrounded by officers, with several officers lingering inside of the home. Gaston was handed a consent-to-search form and informed by police that \u2018it will speed up our process.\u201d\u2019 Defense counsel was ineffective for not challenging the alleged consent. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/1\/2023\/2023-Ohio-844.pdf\">State v. Jones<\/a>, 2023-Ohio-844, 2023 Ohio App. LEXIS 825 (1st Dist. Mar. 17, 2023).<\/p>\n\n\n\n<p>The city was without authority to require landlords to do many things, one of which was to permit warrantless inspections of rental property for code violations. Landlord Serv. Bureau v. City of Pittsburgh &amp; Council of Pittsburgh, 2023 Pa. Commw. LEXIS 24 (Commw. Ct. Mar. 17, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe totality of the circumstances show that the signed consent-to-search form was not a product of consent, but an acquiescence to a claim of lawful authority.\u201d \u201cAs Gaston complied with Davis&#8217;s instructions to sit in a chair on the porch, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=54535\">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":[9,24],"tags":[],"class_list":["post-54535","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-consent"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54535","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=54535"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54535\/revisions"}],"predecessor-version":[{"id":54536,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54535\/revisions\/54536"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54535"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54535"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54535"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}