OH5: Being on porch waiting for keys before 8 pm was not a nighttime search

The daytime search provision is 7 am to 8 pm. Officers were on defendant’s porch before 8 pm and were waiting for keys rather than force entry. They complied with the rule. State v. Harris, 2015-Ohio-2480, 2015 Ohio App. LEXIS 2378 (5th Dist. June 22, 2015).

Defendant was stopped for following too close. He said that his cousin owned the vehicle then produced a rental agreement in yet somebody else’s name. There was reasonable suspicion for a longer detention, and the dog sniff was reasonable. State v. Jackson, 2015-Ohio-2473, 2015 Ohio App. LEXIS 2374 (9th Dist. June 22, 2015).*

Suppression order of warrantless blood draw affirmed. The suppression hearing was held after McNeely had been argued in SCOTUS, and all the issues raised. The state offered nothing to show why no warrant was sought. State v. Pimentel, 2015 Tex. App. LEXIS 6333 (Tex. App. – El Paso June 23, 2015).*