{"id":6013,"date":"2012-01-19T11:11:42","date_gmt":"2011-09-12T00:35:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-11T14:35:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6013","title":{"rendered":"OH5: Warrant required for GPS installation on a vehicle"},"content":{"rendered":"<p>Even though the issue is pending in the Ohio Supreme Court and the U.S. Supreme Court, the Ohio Court of Appeals for the Fifth District holds that a warrant is required for GPS installation on a vehicle. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2011\/2011-ohio-4526.pdf\">State v. White<\/a>, 2011 Ohio 4526, 2011 Ohio App. LEXIS 3742 (5th Dist. September 1, 2011).<\/p>\n<p>Officers were conducting knock-and-talks about grow houses, and at defendant\u2019s girlfriend\u2019s place he and the girlfriend consented to an entry and a search, but he expressly disclaimed any control over the garage or knowledge of who was coming and going from it. His disclaimer was a waiver of any reasonable expectation of privacy in the garage. After a grow operation was found there, a key to the garage was found on defendant.  <a href=\"http:\/\/www.4dca.org\/opinions\/Sept%202011\/09-07-11\/4D10-801.op.pdf\">Peraza v. State<\/a>, 69 So. 3d 338, 36 Fla. L. Weekly D 1988 (Fla. 4th DCA 2011).*<\/p>\n<p>The evidence showed that defendant\u2019s conversation with the officer was consensual, but he was stopped coming out from behind a house that was not his and he had no connection to. When defendant admitted that he had a knife on him, it was permissible for the officer to conduct a patdown. <a href=\"http:\/\/www.lexisone.com\/lx1\/caselaw\/freecaselaw?searchType=citation&amp;fclSearch=2011+Ga.+App.+LEXIS+803+&amp;action=FCLSearchCaseByCitation&amp;pageLimit=10&amp;format=CITE&amp;pageNumber=1&amp;sourceID=&amp;citation=2011+Ga.+App.+LEXIS+803+&amp;searchTerm=\">Oglesby v. State<\/a>, 311 Ga. App. 615, 716 S.E.2d 742 (2011).*<\/p>\n<p>School officials get qualified immunity for a strip search for drugs that occurred before <a href=\"http:\/\/scholar.google.com\/scholar_case?case=5413509098769380901&amp;q=safford+v.+redding&amp;hl=en&amp;as_sdt=2,4\">Safford<\/a> was decided. V.W. v. DaVinci Academy of Science, 2011 U.S. Dist. LEXIS 101529 (D. Utah September 8, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6013\">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-6013","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6013","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=6013"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6013\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6013"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6013"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6013"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}