{"id":32275,"date":"2018-03-20T04:31:58","date_gmt":"2018-03-20T09:31:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32275"},"modified":"2018-03-20T04:31:58","modified_gmt":"2018-03-20T09:31:58","slug":"oh8-a-pill-bottle-search-wasnt-plain-view-during-execution-of-sw-for-firearms","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32275","title":{"rendered":"OH8: A pill bottle search wasn&#8217;t plain view during execution of SW for firearms"},"content":{"rendered":"<p>The police had a search warrant for firearms, and, during execution of the warrant, the officers looked in a pill bottle. The state\u2019s plain view argument is unavailing because it wasn\u2019t immediately apparent to the officers. \u201cWe further find little merit to the state&#8217;s argument that the agent believed there might have been evidence of illegal gun ownership inside the bottle. Although the agent testified that he believed there could have been ammunition inside, other testimony discredited the statement.\u201d <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2018\/2018-Ohio-969.pdf\">State v. Hakim<\/a>, 2018-Ohio-969, 2018 Ohio App. LEXIS 1023 (8th Dist. Mar. 15, 2018).<\/p>\n<p>The informant hearsay here was corroborated, and, on the whole, there was probable cause for issuance of the search warrant. \u201cEven if the issuing judge did not have a substantial basis to conclude that the affidavit was supported by probable cause, there is little to no doubt that Dpty. Garbutt relied on the warrant in good faith as provided in the Leon good faith exception.\u201d United States v. Strong, 2018 U.S. Dist. LEXIS 42621 (M.D. Fla. Mar. 15, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The police had a search warrant for firearms, and, during execution of the warrant, the officers looked in a pill bottle. The state\u2019s plain view argument is unavailing because it wasn\u2019t immediately apparent to the officers. \u201cWe further find little &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32275\">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":[44,101,51],"tags":[],"class_list":["post-32275","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-overseizure","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32275","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=32275"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32275\/revisions"}],"predecessor-version":[{"id":32276,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32275\/revisions\/32276"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32275"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32275"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32275"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}