{"id":7617,"date":"2013-04-14T11:10:55","date_gmt":"2012-08-21T08:42:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-21T08:42:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7617","title":{"rendered":"OH4: Controlled buys were probable cause, even though the state didn&#8217;t file charges on them"},"content":{"rendered":"<p>The CI repeatedly reported defendant for selling drugs from his house. Four controlled buys were conducted, and, while they might have been deficient to make a separate criminal case for each, they were still sufficient to show probable cause. (Also, Ohio amended its version of Rule 41, and the version at the time of the search applies. [n.2]) <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/4\/2012\/2012-ohio-3747.pdf\">State v. Eldridge<\/a>, 2012 Ohio 3747, 2012 Ohio App. LEXIS 3309 (4th Dist. August 10, 2012)* [Note: The state logically could have declined to pursue the delivery charges to avoid having to out their snitch which they would have to do under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=7509914241925366851&amp;q=roviaro&amp;hl=en&amp;as_sdt=2,4\">Roviaro<\/a>.]<\/p>\n<p>Where defendant was arrested for no valid DL and his car would be left on the highway, his car was subject to impoundment. The officer was not required to formally arrest defendant before conducting the inventory if it is otherwise valid. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/115049.U.pdf\">United States v. Johnson<\/a>, 492 Fed. Appx. 437 (4th Cir. 2012).<\/p>\n<p>The automobile exception applies with probable cause and the vehicle being \u201creadily moveable.\u201d The vehicle here was parked on his property but was still readily movable even with him in custody. <a href=\"http:\/\/supremecourt.ne.gov\/opinions\/2012\/august\/aug17\/s11-779.pdf\">State v. Alarcon-Chavez<\/a>, 284 Neb. 322, 821 N.W.2d 359 (2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7617\">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-7617","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7617","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=7617"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7617\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7617"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7617"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7617"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}