{"id":6110,"date":"2012-02-16T13:34:21","date_gmt":"2011-10-06T04:54:15","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-10-06T04:54:15","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6110","title":{"rendered":"OH2: Defendant did not abandon bag by putting it down and walking to meet officer; it was open, however, and that afforded a plain view"},"content":{"rendered":"

Defendant was semi-accosted by the police and told to come over to them. He put down his backpack where he was standing and walked over to them. That became a stop without reasonable suspicion. Defendant did not, by any means, abandon his bag by putting it down and walking over to the officer, but he left it open enough that the contents were visible, and that afforded a plain view untainted by the detention away from the bag. State v. Belcher<\/a>, 2011 Ohio 5015, 2011 Ohio App. LEXIS 4163 (2d Dist. September 30, 2011).*<\/p>\n

There was no showing that the third party consenter to this search was too drunk or mentally ill to consent, so the trial court\u2019s finding stands. State v. McElveen<\/a>, 73 So. 3d 1033 (La. App. 4th Cir. 2011).*<\/p>\n

Officers received an anonymous tip that defendant was dealing drugs and they set up surveillance, which told them nothing other than defendant lived where the informant said he did, and there was no correct predictive behavior indicating criminality. When they figured they\u2019d been made, they moved in and detained him. The detention was without reasonable suspicion. State v. Marino<\/a>, 74 So. 3d 742 (La. App. 4th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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