{"id":63150,"date":"2026-02-10T18:13:04","date_gmt":"2026-02-10T23:13:04","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63150"},"modified":"2026-02-11T17:16:35","modified_gmt":"2026-02-11T22:16:35","slug":"oh6-motion-to-suppress-alleged-stop-was-invalid-but-at-hearing-def-switched-to-lack-of-pc-thats-waived-by-lack-of-notice","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63150","title":{"rendered":"OH6: Motion to suppress alleged stop was invalid, but at hearing def switched to lack of PC for search, and that&#8217;s waived by lack of notice to state"},"content":{"rendered":"\n<p>Defendant\u2019s motion to suppress alleged the impropriety of the stop. At the suppression hearing, however, the defense expanded it to include a lack of probable cause for a car search. The state was not on notice by the motion, and the suppression order is reversed. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/1\/2026\/2026-Ohio-380.pdf\">State v. Henderson<\/a>, 2026-Ohio-380, 2026 Ohio App. LEXIS 441 (1st Dist. Feb. 6, 2026).<\/p>\n\n\n\n<p>Reasonable suspicion isn\u2019t needed for x-raying luggage at the border. \u201cNor did the officers need reasonable suspicion before cutting the luggage. The Court agrees with the Magistrate Judge that once the officers found anomalies in between the linings of the suitcases and the x-rays indicated that there were objects in those areas, the officers had sufficient suspicion to cut open the bags.\u201d United States v. Browne, 2026 U.S. Dist. LEXIS 25858 (N.D. Ga. Feb. 6, 2026),* R&amp;R 2025 U.S. Dist. LEXIS 273782 (N.D. Ga. Dec. 31, 2025).*<\/p>\n\n\n\n<p>Defendant was on a Polish flagged sailboat 150 miles north of Colombia when it was stopped by the U.S. Coast Guard. The Fourth Amendment doesn\u2019t apply to non-U.S. citizens outside of the U.S. United States v. Ballesteros, 2026 U.S. Dist. LEXIS 25840 (M.D. Fla. Feb. 9, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s motion to suppress alleged the impropriety of the stop. At the suppression hearing, however, the defense expanded it to include a lack of probable cause for a car search. The state was not on notice by the motion, and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63150\">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":[10,97,129],"tags":[],"class_list":["post-63150","post","type-post","status-publish","format-standard","hentry","category-border-search","category-foreign-searches","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63150","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=63150"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63150\/revisions"}],"predecessor-version":[{"id":63165,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63150\/revisions\/63165"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63150"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63150"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63150"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}