{"id":26449,"date":"2017-03-26T11:10:23","date_gmt":"2017-03-26T16:10:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26449"},"modified":"2017-03-26T11:10:23","modified_gmt":"2017-03-26T16:10:23","slug":"oh5-consent-was-invalid-when-def-was-told-shed-only-be-charged-with-tampering-if-she-didnt-disclose-the-heroin-on-her-person","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26449","title":{"rendered":"OH5: Consent was invalid when def was told she&#8217;d only be charged with tampering if she didn&#8217;t disclose the heroin on her person"},"content":{"rendered":"<p>The evidence supported the trial court&#8217;s finding that defendant\u2019s consent to search was not freely and voluntarily given because the officer\u2019s explanation to defendant incorrectly intimated that she could be charged with tampering with evidence if it was concealed on her person and she did not affirmatively point it out to the police. Instead she was charged with the drugs. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2017\/2017-Ohio-1046.pdf\">State v. Myer<\/a>, 2017-Ohio-1046, 2017 Ohio App. LEXIS 1023 (5th Dist. March 22, 2017).<\/p>\n<p>The continuation of defendant\u2019s stop was by consent. He was unequivocally told it was over and he could go but he continued to talk. <a href=\"http:\/\/www.illinoiscourts.gov\/Opinions\/AppellateCourt\/2017\/3rdDistrict\/3130802.pdf\">People v. West<\/a>, 2017 IL App (3d) 130802, 2017 Ill. App. LEXIS 159 (March 23, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The evidence supported the trial court&#8217;s finding that defendant\u2019s consent to search was not freely and voluntarily given because the officer\u2019s explanation to defendant incorrectly intimated that she could be charged with tampering with evidence if it was concealed on &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26449\">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":[24],"tags":[],"class_list":["post-26449","post","type-post","status-publish","format-standard","hentry","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26449","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=26449"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26449\/revisions"}],"predecessor-version":[{"id":26450,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26449\/revisions\/26450"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26449"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26449"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26449"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}