{"id":31667,"date":"2018-02-05T00:00:34","date_gmt":"2018-02-05T05:00:34","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31667"},"modified":"2018-02-04T16:42:17","modified_gmt":"2018-02-04T21:42:17","slug":"de-defs-crossing-the-unmarked-center-of-a-highway-for-a-couple-of-seconds-wasnt-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=31667","title":{"rendered":"DE: Def&#8217;s crossing the unmarked center of a highway for a couple of seconds wasn&#8217;t RS"},"content":{"rendered":"<p>\u201cHere, Trooper Freeman testified that \u2018the only basis for the stop\u2019 was that Defendant veered into the left lane on a roadway that did not have solid lines. Speed was not a factor. Absent any testimony or video evidence concerning any other basis for the stop, the State has not met its burden of showing that the Defendant failed to ascertain that movement could be made with safety in a setting where there were no other vehicles nearby and no apparent danger.\u201d Therefore, there was no basis for the stop. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=268620\">State v. Seaton<\/a>, 2018 Del. Super. LEXIS 56 (Jan. 30, 2018).<\/p>\n<p>The state\u2019s burden on showing consent is by clear and convincing evidence, and the evidence supports the trial court\u2019s finding. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/7\/2018\/2018-Ohio-376.pdf\">State v. Davis<\/a>, 2018-Ohio-376,  2018 Ohio App. LEXIS 382 (7th Dist. Jan. 31, 2018).*<\/p>\n<p>There were controlled buys from the premises, and that was probable cause. Defense counsel wasn\u2019t ineffective for not filing a motion to suppress the search warrant based on those facts. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2018\/2018-Ohio-396.pdf\">State v. Wilson<\/a>, 2018-Ohio-396, 2018 Ohio App. LEXIS 405 (5th Dist. Feb. 1, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHere, Trooper Freeman testified that \u2018the only basis for the stop\u2019 was that Defendant veered into the left lane on a roadway that did not have solid lines. Speed was not a factor. Absent any testimony or video evidence concerning &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=31667\">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":[23,20,35],"tags":[],"class_list":["post-31667","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31667","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=31667"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31667\/revisions"}],"predecessor-version":[{"id":31668,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31667\/revisions\/31668"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31667"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31667"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31667"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}