Defendant’s eviction from grandmother’s house led to officer coming to aid in removing him, and a crack pipe was seen in plain view

Defendant was formally evicted by notice from his grandmother’s house, and this led to an officer coming to aid in removing him. The finding of a crack pipe in plain view was reasonable. State v. Hertzel, 2006 Ohio 6770, 2006 Ohio App. LEXIS 6676 (8th Dist. December 21, 2006):

[*P11] Although appellant occupied a room on and off over several years in the home of Hartman, who is his elderly grandmother, he rarely paid rent, frequently drove her car without permission, and caused her various problems. As a result of his behavior, Hartman had served him with an eviction notice demanding that he immediately vacate the premises. On the evening of appellant’s arrest, Hartman specifically asked Officer Greenway to aid her in removing appellant from her home. Greenway did not enter appellant’s room with the intent to conduct a search — his only purpose was to enable appellant to pack his belongings and then safely escort him out of Hartman’s home.

Officer had reasonable suspicion for stop of a new car with a drive out tag that was not easily visible, although it was determined that the vehicle was in compliance. The question is not whether the vehicle was in compliance; it was whether there was reasonable suspicion to believe it was not at the time of the stop, and there was. The minor was found to be under the influence at the time of the stop. In re Raymond C., 145 Cal. App. 4th 1320, 52 Cal. Rptr. 3d 330 (4th Dist. November 20, 2006, published December 20, 2006).*

Inventory was valid after stop of juveniles for a curfew violation with belief that the car was possibly stolen. The latter also led the officer to believe that the VIN plate was switched, and the vehicle would be towed. A gun and clip were found, but the fact they were not in the inventory was explained by their being booked as evidence. State v. Tisdel, 2006 Ohio 6763, 2006 Ohio App. LEXIS 6682 (8th Dist. December 21, 2006).*

“[E]ven if we assume that the officers violated the rights of Child and his family under the Fourth Amendment to the United States Constitution and Article II, Section 10 of the New Mexico Constitution by entering their apartment without a warrant, the district court properly denied Child’s motion to suppress evidence of Child’s actions attacking the officers within the apartment.” State v. Travison B., 2006 NMCA 146, 149 P.3d 99 (October 16, 2006).