{"id":8879,"date":"2013-12-12T07:04:09","date_gmt":"2013-06-13T07:47:54","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-13T07:47:54","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8879","title":{"rendered":"OH2: Man removed from car because of marijuana smell could be patted down."},"content":{"rendered":"<p>After raw marijuana was smelled and defendant was removed from his car, it was reasonable to pat him down for weapons before putting him in the back of a police car. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2013\/2013-ohio-2347.pdf\">State v. Chase<\/a>, 2013 Ohio 2347, 2013 Ohio App. LEXIS 2274 (2d Dist. June 7, 2013).*<\/p>\n<p>Defendant was already stopped when the officer stopped his car and walked up to him. The conversation was consensual, and raw marijuana could be smelled and that led to a search. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2013\/2013-ohio-2346.pdf\">State v. Chase<\/a>, 2013 Ohio 2346, 2013 Ohio App. LEXIS 2277 (2d Dist. June 7, 2013).*<\/p>\n<p>Defendant\u2019s wife had common authority over a cabinet that stored child pornography she found, so she could consent to a search. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2013\/2ndDistrict\/2120392.pdf\">People v. Lyons<\/a>, 2013 IL App (2d) 120392, 991 N.E.2d 506 (2013).*<\/p>\n<p>There was probable cause to seize defendant\u2019s car and search is based on the automobile exception. Defendant was on a wire talking and he was to be transporting drugs. When got into his car to go to a meeting, that was PC to believe drugs would be in the car. <a href=\"http:\/\/www.ca3.uscourts.gov\/opinarch\/121825np.pdf\">United States v. Dennis<\/a>, 527 Fed. Appx. 221 (3d Cir. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8879\">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-8879","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8879","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=8879"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8879\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8879"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8879"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8879"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}