{"id":20404,"date":"2016-01-19T00:12:37","date_gmt":"2016-01-19T05:12:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20404"},"modified":"2016-01-17T17:17:58","modified_gmt":"2016-01-17T22:17:58","slug":"oh5-trespassers-on-an-open-field-had-no-reasonable-expectation-of-privacy-there","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=20404","title":{"rendered":"OH5: Trespassers on an open field had no reasonable expectation of privacy there"},"content":{"rendered":"

The officer on patrol saw a campfire and stopped because it was not an area known for camping. He asked the five people who came in one car if they had permission to be there, and they did not. Two were so stoned they almost couldn\u2019t stay awake. The officer asked for IDs and found warrants for two. The others certainly felt not free to leave because the car was blocked, but they lacked standing in the area where they were because nobody owned up to owning the tent or the fire or any of the property. Drug paraphernalia was visible in the car without use of a flashlight. The trial court erred in suppressing the search as to the three without warrants. State v. Elmore<\/a>, 2016-Ohio-129, 2016 Ohio App. LEXIS 110 (5th Dist. Jan. 13, 2016); State v. Alderman<\/a>, 2016-Ohio-130, 2016 Ohio App. LEXIS 113 (5th Dist. Jan. 13, 2016):
\n<\/p>\n

[*P17] However, the evidence of drug activity seized from the ground behind the tent was not seized as a result of the continued detention of Alderman, Kidd and Hundley. Whether or not they were free to leave or were lawfully or unlawfully detained, the officer was not required to leave the premises, as neither appellee nor the other individuals had a reasonable expectation of privacy in the real property. All of the individuals present at the site told the officer that they did not know who owned the property and that they did not have permission to be there. Nothing in the record suggests that appellee had a reasonable expectation of privacy in the area searched. Therefore, appellee lacked standing to object to the search of the real property.<\/p>\n

[*P18] In addition, nothing in the record indicates that appellee had any expectation of privacy in the car, the tent, or the bag that was searched. The car belonged to Alderman, and no one claimed ownership of the tent or the bag. As the items were voluntarily left in an area in which appellee did not have an expectation of privacy, he lacks standing to challenge the seizure and search. The trial court erred in granting the motion to suppress.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

The officer on patrol saw a campfire and stopped because it was not an area known for camping. He asked the five people who came in one car if they had permission to be there, and they did not. Two … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[],"class_list":["post-20404","post","type-post","status-publish","format-standard","hentry","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20404","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=20404"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20404\/revisions"}],"predecessor-version":[{"id":20407,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20404\/revisions\/20407"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20404"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20404"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20404"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}