{"id":9409,"date":"2013-09-14T05:18:14","date_gmt":"2013-09-08T08:47:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-09-08T08:47:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9409","title":{"rendered":"OH2: Furtive movement under seat led to seizure of heroin"},"content":{"rendered":"<p>When stopped, defendant made a furtive movement under the seat, and he and the passenger got out of the car and walked back toward the police officer. They were nervous, and the officer thought they were trying to distance themselves from the car. A search for weapons under the seat was valid, but what the officer found instead was an open cigarette pack with heroin in it. The seizure was valid. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2013\/2013-ohio-3844.pdf\">State v. Webb<\/a>, 2013 Ohio 3844, 2013 Ohio App. LEXIS 4006 (2d Dist. September 6, 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>[*P27]  Upon his observation of the open cigarette pack, which did not contain cigarettes but rather, according to Speelman, &#8220;something on the bottom,&#8221; and based upon his training and experience regarding the common practice of concealing illegal drugs in cigarette packs, Speelman looked inside the open pack and found the gel caps. Under all of the above facts and circumstances, Speelman had reasonably trustworthy information warranting his belief that the cigarette pack may have contained drugs. In other words, as the trial court determined, Speelman had probable cause to retrieve the cigarette pack and the gel caps were in plain view therein. There being no merit to Webb&#8217;s assigned error, it is overruled, and the judgment of the trial court is affirmed.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9409\">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-9409","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9409","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=9409"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9409\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9409"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9409"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9409"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}