{"id":53287,"date":"2022-10-02T08:06:46","date_gmt":"2022-10-02T13:06:46","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53287"},"modified":"2022-10-03T06:04:57","modified_gmt":"2022-10-03T11:04:57","slug":"oh6-consent-to-search-cell-phone-obtained-by-telling-def-it-would-get-his-phone-back-sooner-was-involuntary","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53287","title":{"rendered":"OH6: Consent to search cell phone obtained by telling def it would get his phone back sooner was involuntary"},"content":{"rendered":"\n<p>Defendant\u2019s consent to search his phone was merely acquiescing to a claim of lawful authority because it was told if he consented he could get it back faster. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/6\/2022\/2022-Ohio-3507.pdf\">State v. Seem<\/a>, 2022-Ohio-3507, 2022 Ohio App. LEXIS 3314 (6th Dist. Sep. 30, 2022).<\/p>\n\n\n\n<p>Defendant\u2019s plain error 2255 fails. The subjective intent of the officer to stop him isn\u2019t a factor when there was, as here, an objective cause. United States v. Ingram, 2022 U.S. Dist. LEXIS 178682 (W.D. Okla. Sep. 30, 2022).*<\/p>\n\n\n\n<p>Defendant was driving without a license, and his passenger didn\u2019t have one either. The officer could order impoundment of the car and that means inventory. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/5\/2022\/2022-Ohio-3447.pdf\">State v. Matheny<\/a>, 2022-Ohio-3447, 2022 Ohio App. LEXIS 3295 (5th Dist. Sep. 28, 2022).*<\/p>\n\n\n\n<p>An illegal arrest alone doesn\u2019t state a post-conviction claim in Arkansas. <a href=\"https:\/\/opinions.arcourts.gov\/ark\/supremecourt\/en\/item\/521358\/index.do\">Braud v. State<\/a>, 2022 Ark. 169, 2022 Ark. LEXIS 234 (Sep. 29, 2022).* (About Arkansas 15 cases say that.)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s consent to search his phone was merely acquiescing to a claim of lawful authority because it was told if he consented he could get it back faster. State v. Seem, 2022-Ohio-3507, 2022 Ohio App. LEXIS 3314 (6th Dist. Sep. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53287\">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":[50,5,39,86],"tags":[],"class_list":["post-53287","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-cell-phones","category-inventory","category-pretext"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53287","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=53287"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53287\/revisions"}],"predecessor-version":[{"id":53292,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53287\/revisions\/53292"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53287"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53287"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53287"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}