{"id":9185,"date":"2014-01-29T07:47:57","date_gmt":"2013-08-02T07:54:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-08-02T07:54:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9185","title":{"rendered":"OH5: \u201cYeah, why don&#8217;t you get it out\u201d of your pocket is a search"},"content":{"rendered":"<p>An officer was responding to a noise complaint approaching a party in a garage. As he approached a woman shouted out about the defendant getting a \u201cfat joint\u201d out of his pocket so they could smoke it. When the officer got to defendant he said \u201cYeah, why don&#8217;t you get it out.\u201d \u201cWe find Officer Garrison&#8217;s statement is tantamount to an order or command; therefore, constitutes a Fourth Amendment search. We do not find this to be a consensual search under the totality of the circumstances. We further find there was insufficient probable cause to justify a search.\u201d The approach was valid because it was the common way to the garage, so there was no violation of curtilage. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2013\/2013-ohio-3327.pdf\">State v. Mechling<\/a>, 2013 Ohio 3327, 2013 Ohio App. LEXIS 3395 (5th Dist. July 29, 2013).<\/p>\n<p>Using a leg sweep to take down a fighting man high on cocaine during his arrest was not excessive force. He was peppersprayed and three sets of handcuffs were required just on his hands. He broke flex ties when kicking. When he stopped breathing, paramedics were called. He died from a cocaine intoxication. Summary judgment was properly granted the officers in this 1983 case. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/123146np.pdf\">Gunter v. Twp. of Lumberton<\/a>, 535 Fed. Appx. 144 (3d Cir. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9185\">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-9185","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9185","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=9185"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9185\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9185"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9185"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9185"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}