OH2: Search for crack not justified by plain feel

Defendant was stopped for jaywalking and he admitted having marijuana which was produced. The officer conducted a patdown and felt something that was indiscernible, but was clearly not a weapon. A search produced crack, and the search was unjustified. The defendant had been stopped the day before by the same officer and apparently endured the same search. State v. Byrd, 2012 Ohio 2659, 2012 Ohio App. LEXIS 2336 (2d Dist. June 15, 2012).*

Defendant lost suppression motion apparently because she thought the state had to justify the seizure of every item in the search warrant. It was seizure under a warrant, and the defense had the burden. State v. Crumpler, 2012 Ohio 2601, 2012 Ohio App. LEXIS 2288 (9th Dist. June 13, 2012).*

Defendant’s vehicle was properly ordered towed where it was left blocking in a private business’s driveway. State v. Neal, 2012 Ohio 2609; 2012 Ohio App. LEXIS 2295 (9th Dist. June 13, 2012).*

A DV report described a suspect with a black shirt with skulls on it. Defendant was the only one around with skulls on it, so the stop was valid. State v. Will, 2012 Ohio 2616, 2012 Ohio App. LEXIS 2300 (9th Dist. June 13, 2012).*