{"id":8131,"date":"2014-01-16T07:12:25","date_gmt":"2012-12-22T00:01:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-12-21T18:57:32","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8131","title":{"rendered":"OR: Officer said \u201cwe\u2019re going to have to take the firearms,\u201d so failure to object was not implied consent"},"content":{"rendered":"<p>Defendant\u2019s failure to object to the officer stating \u201cwe\u2019re going to have to take the firearms\u201d was not implicit consent. That was a statement they were taking property. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A146418.pdf\">State v. Jepson<\/a>, 2012 Ore. App. LEXIS 1525 (December 19, 2012).<\/p>\n<p>Defendant\u2019s vehicle was already stopped when the officer came up to it and asked him out. When he got out, the officer saw drugs in plain view. The vehicle was not stopped by the officer, and that did not implicate the Fourth Amendment. Plain view supported the seizure. <a href=\"http:\/\/www.fifthcircuit.org\/PDF\/OPINIONS\/PO\/2012\/E912F924-27F7-404A-9B86-0F20E0EFF9A7.pdf\">State v. Morales<\/a>, 125 So. 3d 1141 (La. App. 5 Cir. 2012).*<\/p>\n<p>Only a judge of a court of record can issue search warrants in Ohio, and the state showed that the judge\u2019s appointment for a three month term by the Chief Justice was regular, so the search warrant was not suppressed. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/9\/2012\/2012-ohio-6000.pdf\">State v. Nurse<\/a>, 2012 Ohio 6000, 2012 Ohio App. LEXIS 5172 (9th Dist. December 19, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8131\">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-8131","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8131","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=8131"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8131\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8131"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8131"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8131"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}