{"id":1154,"date":"2007-10-27T15:37:43","date_gmt":"2007-07-16T06:22:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-07-16T06:22:51","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1154","title":{"rendered":"Ohio: A request for consent while waiting for the computer check to return did not prolong the stop"},"content":{"rendered":"<p>An officer may ask for consent during a traffic stop, and when it occurs during the wait for the computer check to return, it does not prolong the stop. State v. Bickel, 2007 Ohio 3517, 2007 Ohio App. LEXIS 3276 (5th Dist. July 10, 2007).*<\/p>\n<p>A forfeiture warrant in Texas can be a search warrant which &#8220;in Texas is defined as a &#8216;written order, issued by a magistrate and directed to a peace officer, commanding him to search for any property or thing and to seize the same.'&#8221; Claimant&#8217;s shotgun attack on the warrant and seizure is rejected. There was probable cause and particularity. Real Property Located at 4125 Blanton v. State, 230 S.W.3d 476 (Tex. App.-\u2013Ft. Worth 2007).*<\/p>\n<p>Juvenile was questioned at home and he admitted to having a gun. Officers could follow the defendant into his bedroom to retrieve the gun.  Commonwealth v. Guthrie G., 449 Mass. 1028, 869 N.E.2d 585 (2007), aff&#8217;g 66 Mass. App. Ct. 414, 848 N.E.2d 787 (2006).*<\/p>\n<p>After a stop, defendant ran off, and the officer gave chase. The officer remembered that the police car was unlocked, so he came back and saw a confederate removing a duffel bag from the stopped car. The officer could seize the bag. Defense counsel was not ineffective for not challenging the search. State v. Peagler, 2007 Ohio 3592, 2007 Ohio App. LEXIS 3296 (2d Dist. July 13, 2007).*<\/p>\n<p>Defendant&#8217;s claim that his stop was without probable cause was belied by the videotape. &#8220;[A]fter review of the videotape, we conclude that the automobile carrying the defendant did drive in a manner that justified the stop. The trial court found that the stop was legal and proper under the circumstances.&#8221; Affirmed. State v. Butts, 2007 Tenn. Crim. App. LEXIS 564 (July 13, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1154\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1154","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1154","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1154"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1154\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1154"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1154"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1154"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}