OH4: Once dog alerts, automobile exception arises, and vehicle can be moved for search

Once a drug dog alerted on defendant’s car, the automobile exception arose, and the search did not have to occur right away. The vehicle could be removed to another location for the search. State v. Harper, 2022-Ohio-4357, 2022 Ohio App. LEXIS 4202 (4th Dist. Nov. 28, 2022).

“It was not certain investigators would find firearms upon execution of the warrant, but that is the very point of a search warrant-to discover evidence. Based on defendant’s connection to the robbery, the cell phone data, the text messages, the physical and record evidence of his connection to the address, his previous felony convictions, and the overall totality of the circumstances, this court agrees the Nevada warrant was supported by probable cause. Defendant’s objections to the contrary are overruled.” In re United States, 2022 U.S. Dist. LEXIS 223251 (D. Nev. Dec. 12, 2022).*

Defense counsel wasn’t ineffective for not presenting evidence of a potential contrary reason for defendant’s California trip to visit family. The government doesn’t have to exclude every innocent hypothesis for probable cause, and there was probable cause anyway. Huntley v. United States, 2022 U.S. Dist. LEXIS 223492 (W.D. Tenn. Dec. 12, 2022).*

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