{"id":5579,"date":"2011-05-22T09:31:02","date_gmt":"2011-05-22T09:31:02","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-05-22T09:31:02","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5579","title":{"rendered":"OH5: Written or specific oral findings not required on a motion to suppress; denial is enough"},"content":{"rendered":"<p>It is not required that the trial court make findings on a motion to suppress, and its general denial of the motion was supported by the record. Remand for findings was a vain act. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2011\/2011-ohio-2361.pdf\">State v. Pierce<\/a>, 2011 Ohio 2361, 2011 Ohio App. LEXIS 2011 (5th Dist. May 17, 2011).<\/p>\n<p>During investigation of a \u201cbotched home invasion,\u201d officers concluded that a shot possibly had come from the house because of a bullet hole in a window, so the officer could conduct a protective sweep of the house, which here was limited. He didn\u2019t talk to anybody before he did it, but, even if the resident said there was nobody inside, he would not have had to rely on that. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/9\/2011\/2011-ohio-2379.pdf\">State v. Martin<\/a>, 2011 Ohio 2379, 2011 Ohio App. LEXIS 2027 (9th Dist. May 18, 2011).*<\/p>\n<p>The defendant had no reasonable expectation of privacy in a package that did not show that it was sent from him or to him. Even if he did, there was probable cause for the warrant based on a dog sniff and the good faith exception would apply anyway. [The court just ignored the defendant\u2019s argument that the reliability was not decided.] <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2011\/2011-ohio-2388.pdf\">State v. Miller<\/a>, 2011 Ohio 2388, 2011 Ohio App. LEXIS 2051 (8th Dist. May 19, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5579\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5579","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5579","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5579"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5579\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5579"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5579"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5579"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}