{"id":31527,"date":"2018-01-27T00:00:35","date_gmt":"2018-01-27T05:00:35","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31527"},"modified":"2018-01-25T14:40:45","modified_gmt":"2018-01-25T19:40:45","slug":"oh4-changing-argument-from-legality-of-patdown-to-plain-feel-was-waiver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=31527","title":{"rendered":"OH4: Changing argument from legality of patdown to plain feel was waiver"},"content":{"rendered":"<p>Defendant\u2019s appellate argument changed from whether there was reasonable suspicion for a patdown to conceding the patdown was legal but the plain feel of a hard object found in her vagina was not. That\u2019s waiver of the argument. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/4\/2018\/2018-Ohio-241.pdf\">State v. Fowler<\/a>, 2018-Ohio-241 (4th Dist. Jan. 23, 2018).<\/p>\n<p>\u201cOfficer Shipley asked Urrutia if he could look around the dining room and kitchen area, and Urrutia responded \u2018Go ahead, man.\u2019  There is no evidence to suggest that Officer Shipley used anything other than a conversational tone, and there is no record that Urrutia&#8217;s age, intelligence, or educational background rendered his consent involuntary. See Schneckloth, 412 U.S. at 227. Based on the totality of the circumstances, the court finds that Urrutia gave his consent to search the dining room and kitchen area of his residence voluntarily. No independent basis for the search was required.\u201d United States v. Urrutia, 2018 U.S. Dist. LEXIS 10311 (M.D. Pa. Jan, 23, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s appellate argument changed from whether there was reasonable suspicion for a patdown to conceding the patdown was legal but the plain feel of a hard object found in her vagina was not. That\u2019s waiver of the argument. State v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=31527\">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":[24,96],"tags":[],"class_list":["post-31527","post","type-post","status-publish","format-standard","hentry","category-consent","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31527","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=31527"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31527\/revisions"}],"predecessor-version":[{"id":31528,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31527\/revisions\/31528"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31527"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31527"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31527"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}