OH2: SW for BAC executed in 5 hrs was “as soon as possible”

The search warrant for a blood draw said it had to be within 3 hours [a statutory artifact] and as soon as possible, but it took 5. The trial court found it was executed as soon as possible, and that’s affirmed. State v. Moore, 2021-Ohio-1114, 2021 Ohio App. LEXIS 1129 (2d Dist. Apr. 2, 2021).*

Officers approached defendant in a parking lot with his car with guns drawn but he sped away. He wasn’t seized under Hodari D. After that, they had probable cause for a stop and search. United States v. Flores-Lagonas, 2021 U.S. App. LEXIS 9626 (8th Cir. Apr. 2, 2021).*

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