{"id":23933,"date":"2016-10-02T00:01:51","date_gmt":"2016-10-02T05:01:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23933"},"modified":"2016-10-02T05:55:28","modified_gmt":"2016-10-02T10:55:28","slug":"oh9-nine-air-fresheners-on-mirror-and-one-on-each-air-vent-was-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=23933","title":{"rendered":"OH9: Nine air fresheners on mirror and one on each air vent was RS"},"content":{"rendered":"<p>Defendant had nine air fresheners hanging from the rearview mirror and one over every air vent. That was reasonable suspicion to utilize a drug dog during the computer checks and then another officer running a dog around the car while that was going on. It did not extend the stop [but there was raasonable suspicion anyway]. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/9\/2016\/2016-Ohio-7025.pdf\">State v. Brooks<\/a>, 2016-Ohio-7025, 2016 Ohio App. LEXIS 3887 (9th Dist. Sept. 28, 2016).<\/p>\n<p>The merits of defendant\u2019s search IAC claim was rejected on appeal and can\u2019t be brought in a 2255. Corsi v. United States, 2016 U.S. Dist. LEXIS 132481 (W.D.N.C. Sept. 26, 2016).*<\/p>\n<p>Defense counsel was not ineffective for challenging the search of his cell phone [defendant wasn\u2019t clear as to whether it was his or a co-defendant&#8217;s]. In any event, the search was valid and the time it happened under Fourth Circuit law overruled in Riley. It was the law, however, through the appeal, too. Fernandez-Gradis v. United States, 2016 U.S. Dist. LEXIS 133498 (W.D.N.C. Sept. 27, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had nine air fresheners hanging from the rearview mirror and one over every air vent. That was reasonable suspicion to utilize a drug dog during the computer checks and then another officer running a dog around the car while &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=23933\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[5,23,35],"tags":[],"class_list":["post-23933","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23933","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=23933"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23933\/revisions"}],"predecessor-version":[{"id":23946,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23933\/revisions\/23946"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23933"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23933"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23933"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}