OH10: Protective weapons search of car valid when defendant in back of patrol car and not under arrest

Defendant’s erratic behavior when stopped justified a Long weapons search of the car even though defendant was in the back of a police car at the time. He would soon be released, and the officer didn’t want him arming himself if he could. State v. Cordell, 2013 Ohio 3009, 2013 Ohio App. LEXIS 3056 (10th Dist. July 11, 2013).*

During a valid stop the officer saw marijuana in plain view on the passenger floorboard, and that justified a search of the car under the automobile exception. When searching, a gun was also in plain view. The trial court erred in suppressing. State v. Bazrawi, 2013 Ohio 3015, 2012 Ohio App. LEXIS 5501 (10th Dist. July 11, 2012).*

The CI met face-to-face with the police and said he bought drugs from the defendant. That was an admission against penal interest, and it showed probable cause. Also, there were about 20 purchases between December and January 23, and the information was not stale on January 27 when the warrant was issued. State v. Flores, 144 Conn. App. 308, 72 A.3d 1202 (2013).*