{"id":33736,"date":"2018-07-04T04:04:47","date_gmt":"2018-07-04T09:04:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33736"},"modified":"2018-07-04T08:38:47","modified_gmt":"2018-07-04T13:38:47","slug":"oh2-towing-company-couldnt-ordered-to-return-car-without-being-heard","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33736","title":{"rendered":"OH2: Towing company couldn&#8217;t be ordered to return car without being heard"},"content":{"rendered":"<p>The trial court doesn\u2019t have the power to order the towing company to return defendant\u2019s car without it being heard. It does, however, have the power to order the police to return what it seized that it does not need as evidence. Res judicata applies to motions for return of property when they are filed and denied and not appealed. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2018\/2018-Ohio-2573.pdf\">State v. White<\/a>, 2018-Ohio-2573, 2018 Ohio App. LEXIS 2753  (2d Dist. June 29, 2018).<\/p>\n<p>The CI had a history of reliability and said that T with a particular phone number was selling cocaine from a particular house. The police got a picture of defendant and he was identified as T. They did three controlled buys. That\u2019s probable cause. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2018\/2018-Ohio-2541.pdf\">State v. Boone<\/a>, 2018-Ohio-2541, 2018 Ohio App. LEXIS 2755 (2d Dist. June 29, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The trial court doesn\u2019t have the power to order the towing company to return defendant\u2019s car without it being heard. It does, however, have the power to order the police to return what it seized that it does not need &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33736\">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":[44,67],"tags":[],"class_list":["post-33736","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33736","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=33736"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33736\/revisions"}],"predecessor-version":[{"id":33755,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33736\/revisions\/33755"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33736"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33736"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33736"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}