{"id":64851,"date":"2026-09-22T10:39:05","date_gmt":"2026-09-22T15:39:05","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64851"},"modified":"2026-09-22T10:39:05","modified_gmt":"2026-09-22T15:39:05","slug":"n-d-ohio-car-in-driveway-was-on-curtilage-and-plain-view-prohibited","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64851","title":{"rendered":"N.D.Ohio: Car in driveway was on curtilage and plain view prohibited"},"content":{"rendered":"\n<p>Defendant backed into his driveway and that was curtilage. The police had neither a warrant nor exigent circumstances to come and look at his car to justify a plain view of an open container than led to finding a gun. United States v. Odom, 2026 U.S. Dist. LEXIS 213316 (N.D. Ohio Sep. 21, 2026).<\/p>\n\n\n\n<p>Inevitable discovery applied here because defendant\u2019s vehicle was subject to tow when the police decided to conduct a dog sniff. United States v. Benavides, 2026 U.S. Dist. LEXIS 213358 (S.D. Tex. Sep. 21, 2026).*<\/p>\n\n\n\n<p>In Ohio, ineffective assistance of counsel claims should be made on appeal if they could be. Here, it came up post-conviction, but the court concludes it was available all along, so it\u2019s now barred by res judicata. State v. Allen, 2026-Ohio-3691 (3d Dist. Sep. 21, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant backed into his driveway and that was curtilage. The police had neither a warrant nor exigent circumstances to come and look at his car to justify a plain view of an open container than led to finding a gun. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=64851\">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":[19,68,39,126,51],"tags":[],"class_list":["post-64851","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-inevitable-discovery","category-inventory","category-issue-preclusion","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64851","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=64851"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64851\/revisions"}],"predecessor-version":[{"id":64852,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64851\/revisions\/64852"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64851"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64851"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64851"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}