{"id":56509,"date":"2023-12-12T05:22:28","date_gmt":"2023-12-12T10:22:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56509"},"modified":"2023-12-12T05:22:28","modified_gmt":"2023-12-12T10:22:28","slug":"oh11-using-a-flashlight-during-execution-of-sw-still-plain-view","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56509","title":{"rendered":"OH11: Using a flashlight during execution of SW still &#8220;plain view&#8221;"},"content":{"rendered":"\n<p>Using a flashlight during the search of defendant\u2019s home did not negate plain view during execution of the warrant. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/11\/2023\/2023-Ohio-4484.pdf\">State v. Washington<\/a>, 2023-Ohio-4484, 2023 Ohio App. LEXIS 4302 (11th Dist. Dec. 11, 2023).<\/p>\n\n\n\n<p>Defendant was a suspect in a fake bomb incident at the Douglas County, Nebraska courthouse. The bomb squad detonated things he left outside the service entrance, but there was no bomb. Getting his address from his LPN seen on a surveilleance video, they went to his house. They stopped his truck, and officers could smell marijuana. That led to an automobile exception search. United States v. Trouba, 2023 U.S. App. LEXIS 32625 (8th Cir. Dec. 11, 2023).*<\/p>\n\n\n\n<p>Petitioner\u2019s fourth successor habeas was based on a rehash of a Franks challenge, not a new constitutional claim based on change in the law. Dismissed. In re Tejera, 2023 U.S. App. LEXIS 32626 (11th Cir. Dec. 8, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Using a flashlight during the search of defendant\u2019s home did not negate plain view during execution of the warrant. State v. Washington, 2023-Ohio-4484, 2023 Ohio App. LEXIS 4302 (11th Dist. Dec. 11, 2023). Defendant was a suspect in a fake &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56509\">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":[36,126,51],"tags":[],"class_list":["post-56509","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-issue-preclusion","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56509","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=56509"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56509\/revisions"}],"predecessor-version":[{"id":56510,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56509\/revisions\/56510"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56509"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56509"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56509"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}