{"id":8163,"date":"2012-12-29T10:49:03","date_gmt":"2012-12-30T00:02:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-12-29T10:45:32","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8163","title":{"rendered":"OH9: “I’m gonna check the car real quick and get you on your way, alright?” is not a search by consent"},"content":{"rendered":"

“I’m gonna check the car real quick and get you on your way, alright?” is not a search by consent. State v. Ross<\/a>, 2012 Ohio 6111, 2012 Ohio App. LEXIS 5274 (9th Dist. December 26, 2012):<\/p>\n

[*P19] As soon as Officer Perez completed his pat down search, he indicated that he wanted to search Ross’ car. Specifically, he stated, “I’m gonna check the car real quick and get you on your way, alright?” Ross repeatedly stated during the exchange that he did not understand why it was necessary for Officer Perez to search the car. Each time, Officer Perez indicated that the search was something that needed to be done and simply ended his statements with “alright?” Officer Perez also told Ross: (1) “well, it’s not even really your car,” (2) there was concern due to the fact that Ross had just left a high crime area, and (3) after Ross had just left a motel, “people leaving the motel, this is kind of what we do.” When Ross finally assented to the search, he stated in the same sentence “but there’s no need for this.” Officer Perez never clarified Ross’ statement. Instead, he stated that the search would only take a few minutes and proceeded to search the car.<\/p><\/blockquote>\n

Consent was found purely on a question of credibility of the witnesses. Since defendant admitting lying twice to the officer about his identity, it wasn\u2019t error for the trial court to believe the officer. State v. Jones<\/a>, 2012 Ohio 6150, 2012 Ohio App. LEXIS 5313 (9th Dist. December 28, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-8163","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8163","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=8163"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8163\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8163"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8163"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8163"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}