OH7: Use of a ruse to get defendant out of a hotel room for a warrantless arrest is not unconstitutional

Defendant was in a hotel room, and the police used a ruse to draw him out for a warrantless arrest. That was not unconstitutional. Defendant’s consent was voluntary because he was experienced with the criminal justice system, and he knew that cooperation could get him leniency. State v. Fornore, 2012 Ohio 5339, 2012 Ohio App. LEXIS 4653 (7th Dist. November 19, 2012).

Defendant defaulted his search issues by not raising them in his direct appeal. On the merits anyway he would lose because of probable cause and plain view when he dropped the gun. Rosado v. United States, 2012 U.S. Dist. LEXIS 165609 (D. Mass. November 20, 2012).*

Defendant was subjected to a patdown and the officer felt something in a pocket of his cargo pants. The officer knew it was not a weapon, but he didn’t know what it was. He asked [told] defendant to pull out the bag and then open it. This exceeded Terry. Williams v. State, 318 Ga. App. 715, 734 S.E.2d 535 (2012).