{"id":25856,"date":"2017-02-17T17:43:37","date_gmt":"2017-02-17T22:43:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25856"},"modified":"2017-02-17T18:00:01","modified_gmt":"2017-02-17T23:00:01","slug":"oh2-property-cant-be-returned-when-it-still-has-evidentiary-value","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=25856","title":{"rendered":"OH2: Property can&#8217;t be returned when it still has evidentiary value"},"content":{"rendered":"<p>\u201cThere was little evidence regarding the floppy disks, CDs, and Rolodex, but the burden was on Webber to demonstrate that she was entitled to their return. Upon review of the record, the evidence before the trial court supported a conclusion that the seized items were either contraband, proceeds, or instrumentalities, and that they constituted evidence to be used by the State in the prosecution of Moreno.\u201d Petitioner\u2019s argument about an alternative method of dealing with it wasn\u2019t raised in the trial court so it\u2019s not considered. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2017\/2017-Ohio-479.pdf\">State v. Moreno<\/a>, 2017-Ohio-479, 2017 Ohio App. LEXIS 477 (2d Dist. Feb. 10, 2017).<\/p>\n<p>Defendant\u2019s patdown was reasonable and the plain feel of the pipe in his pocket was reasonable. United States v. Edwards, 2017 U.S. Dist. LEXIS 21214 (D.Neb. Feb. 14, 2017).*<\/p>\n<p>Plain feel was of a small baggie of drugs. United States v. Mitchell, 2017 U.S. Dist. LEXIS 19367 (D.Kan. Feb. 10, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThere was little evidence regarding the floppy disks, CDs, and Rolodex, but the burden was on Webber to demonstrate that she was entitled to their return. Upon review of the record, the evidence before the trial court supported a conclusion &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=25856\">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":[67],"tags":[],"class_list":["post-25856","post","type-post","status-publish","format-standard","hentry","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25856","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=25856"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25856\/revisions"}],"predecessor-version":[{"id":25860,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25856\/revisions\/25860"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25856"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25856"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25856"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}