{"id":5907,"date":"2012-02-04T07:47:10","date_gmt":"2011-08-16T08:35:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-16T08:35:36","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5907","title":{"rendered":"OH5: Search incident of duffle bag after arresting and removing defendant from room violated SI"},"content":{"rendered":"<p>Officers had a warrant for the defendant, and they got permission to enter the dwelling of another to look for him. They found defendant standing in a bedroom closet, and took him downstairs to secure him. The officer who found him went back to the bedroom and searched a duffle bag that was in the closet. The search was invalid under the search incident doctrine because defendant was nowhere around it at the time. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2011\/2011-ohio-4004.pdf\">State v. Justice<\/a>, 2011 Ohio 4004, 2011 Ohio App. LEXIS 3366 (5th Dist. August 10, 2011).<\/p>\n<p>Defendant was walking in a high crime area with a shopping bag and he was observed near the officers reaching into a truck. The officer grabbed for defendant and saw a baggie of drugs. The defendant did not make a furtive movement and there was no reason to believe he was armed, so the search was invalid. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2011\/2011-ohio-4007.pdf\">State v. Abner<\/a>, 2011 Ohio 4007, 194 Ohio App. 3d 523, 957 N.E.2d 72 (2d Dist. 2011).*<\/p>\n<p>Defendant\u2019s frisk was justified under Terry, so defense counsel was not ineffective for not raising it. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2011\/2011-ohio-3977.pdf\">State v. Parra<\/a>, 2011 Ohio 3977, 2011 Ohio App. LEXIS 3348 (8th Dist. August 11, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5907\">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-5907","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5907","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=5907"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5907\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5907"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5907"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5907"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}