{"id":6610,"date":"2012-06-10T19:56:04","date_gmt":"2012-01-31T00:01:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-01-29T19:12:54","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6610","title":{"rendered":"OH9: Particular description for SW came from other crimes defendant was suspected of"},"content":{"rendered":"<p>There was probable cause for issuance of the search warrant for defendant\u2019s house, and the list of things to be searched for included a list of items taken in other crimes: \u201cThe specific list of items to be seized was based on Lt. Phister\u2019s sworn statements regarding his investigation of recent criminal activity, including items alleged to have been stolen at gunpoint from various victims and a bottle allegedly used to perpetrate a sexual assault on one of the victims.\u201d This was constitutionally adequate. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/9\/2012\/2012-ohio-249.pdf\">State v. Allen<\/a>, 2012 Ohio 249, 2012 Ohio App. LEXIS 205 (9th Cir. January 25, 2012).*<\/p>\n<p>Defendant was stopped for a traffic offense. After the officer asked for and received consent to search the car, defendant fled. His lawyer was not ineffective for not raising the issue. <a href=\"http:\/\/www.lexisone.com\/lx1\/caselaw\/freecaselaw?searchType=citation&amp;fclSearch=2012+Ga.+App.+LEXIS+63+&amp;action=FCLSearchCaseByCitation&amp;pageLimit=10&amp;format=CITE&amp;pageNumber=1&amp;sourceID=&amp;citation=2012+Ga.+App.+LEXIS+63+&amp;searchTerm=\">Ross v. State<\/a>, 313 Ga. App. 695, 722 S.E.2d 411 (2012).*<\/p>\n<p>The fact it was \u201cpossible\u201d officers violated plaintiff\u2019s rights in arresting him was insufficient when there were no facts in the record to support it. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/11\/11-2074.pdf\">Hernandez v. Story<\/a>, 459 Fed. Appx. 697 (10th Cir. 2012) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6610\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6610","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6610","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6610"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6610\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6610"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6610"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6610"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}