{"id":54612,"date":"2023-03-27T09:56:16","date_gmt":"2023-03-27T14:56:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54612"},"modified":"2023-03-27T09:56:16","modified_gmt":"2023-03-27T14:56:16","slug":"oh3-threat-to-get-a-sw-didnt-coerce-consent-where-there-was-pc-for-one","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=54612","title":{"rendered":"OH3: Threat to get a SW didn&#8217;t coerce consent where there was PC for one"},"content":{"rendered":"\n<p>Defendant was alleged to have consented to a blood draw in a DUI case. When he hesitated, the officer said that he\u2019d get a search warrant if defendant didn\u2019t go through with it. There\u2019s a difference between the officer saying \u201cI\u2019ll try to get a warrant\u201d and \u201cI will get a warrant,\u201d but here there was probable cause and a warrant would have issued. This was no idle threat to get a warrant. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/3\/2023\/2023-Ohio-980.pdf\">State v. Hale<\/a>, 2023-Ohio-980, 2023 Ohio App. LEXIS 954 (3d Dist. Mar. 27, 2023).<\/p>\n\n\n\n<p>Because there were other indicia of reliability of the complainant here, omission of information about her actually being a government CI isn\u2019t material to the probable cause finding. United States v. Barber, 2023 U.S. Dist. LEXIS 50990 (D. Alaska Mar. 24, 2023).*<\/p>\n\n\n\n<p>Defendant signed a probation waiver of his Fourth Amendment rights. After a probation search, he argued the state constitution provided greater protection, and the trial court suppressed. Reversed. Generally, state search and seizure rights are coextensive with the Fourth Amendment, and they are here. State v. Pool, 2023 Ida. LEXIS 40 (Mar. 24, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was alleged to have consented to a blood draw in a DUI case. When he hesitated, the officer said that he\u2019d get a search warrant if defendant didn\u2019t go through with it. There\u2019s a difference between the officer saying &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=54612\">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":[24,44,58,53,28],"tags":[],"class_list":["post-54612","post","type-post","status-publish","format-standard","hentry","category-consent","category-informant-hearsay","category-probationparole-search","category-state-constitution","category-voluntariness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54612","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=54612"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54612\/revisions"}],"predecessor-version":[{"id":54613,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54612\/revisions\/54613"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54612"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54612"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54612"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}