OH10: Jaywalking detention was unreasonable; consent suppressed

Defendant was stopped and detained for jaywalking and was asked for consent. The consent was the product of an illegal detention when he would not have felt free to leave, and his search violated the Fourth Amendment. State v. Spain, 2011 Ohio 322, 2011 Ohio App. LEXIS 296 (10th Dist. January 27, 2011).*

Defendant’s admission that there was a marijuana pipe in the car justified a search under the automobile exception. The state’s reliance also on the search incident doctrine was misplaced because the search occurred before arrest. State v. Runyon, 2011 Ohio 263, 2011 Ohio App. LEXIS 218 (12th Dist. January 24, 2011).*

Defendant’s indecisive and erratic driving and smell of alcohol when stopped justified arrest for DUI. State v. Slates, 2011 Ohio 295, 2011 Ohio App. LEXIS 245 (9th Dist. January 26, 2011).*

The court punts a forfeiture case because the state turned money over to the federal government. Defense counsel’s argument is called “rambling” by the majority, and “anything but” by a concurring judge. The dissent says that the state cannot avoid suit for taking money by giving it to the feds. State v. Primm, 2011 Ohio 328, 2011 Ohio App. LEXIS 275 (8th Dist. January 27, 2011).*

The evidence of defendant’s traffic violation from the officer was clear and concise, credited by the trial court, and was binding on appeal. State v. Forkland, 2011 Ohio 337, 2011 Ohio App. LEXIS 284 (8th Dist. January 27, 2011).*