{"id":8279,"date":"2013-01-25T23:37:12","date_gmt":"2013-01-26T00:00:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-01-25T15:49:34","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8279","title":{"rendered":"OH3: Defendant not in custody when he consented to DNA sample"},"content":{"rendered":"<p>Defendant was not yet in custody when he was Mirandized and lawyered up. Then the officer asked for and got consent for a DNA sample. \u201cFrazier knew he was not under arrest and was free to leave at any time. We also cannot find any sign that law enforcement&#8217;s actions were so coercive that Frazier&#8217;s will was overborn.\u201d Defendant wasn\u2019t in custody so that did not violate the Fifth and Sixth Amendments. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/3\/2013\/2013-ohio-142.pdf\">State v. Frazier<\/a>, 2013 Ohio 142, 2013 Ohio App. LEXIS 115 (3d Dist. January 22, 2013).*<\/p>\n<p>Defendant was stopped for an expired LPN in a high crime area. When the officer approached the driver, the officer could see a digital scale in the pocket on the back of the front seat. Defendant was asked to get out of the car, and he refused. He was physically removed. He was asked it he was armed, and he wouldn\u2019t say. He was handcuffed. The smell of marijuana was coming from the car, and he voluntarily consented to a search of the car. United States v. Smalls, 2013 U.S. Dist. LEXIS 9681 (D. S.C. January 24, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8279\">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-8279","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8279","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=8279"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8279\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8279"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8279"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8279"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}