Seizure of defendant’s bloody clothing from the floor of the emergency room was valid as a plain view despite his possessory interest. He was perceived at the time as the victim, but it later developed he wasn’t. State v. Jackson, 2020-Ohio-2677, 2020 Ohio App. LEXIS 1621 (12th Dist. Apr. 27, 2020).
Defendant was stopped in a high crime area at 3:20 am on a bicycle without lights. He had no ID or bike registration. He had a backpack which the officers asked about. He said only his gloves were in there, and he handed the bag over. It felt unusually heavy. Defendant pushed the bike down and ran off. After his capture, the officers looked in the bag and found a gun. Defendant was a felon in possession. The search of the bag was reasonable. [Yet, neither consent to hold the bag nor abandonment mentioned.] United States v. Cuello, 2020 U.S. App. LEXIS 13434 (2d Cir. Apr. 27, 2020).*