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OH 5th: Search incident for speeding is proper

By John Wesley Hall, Jr.

Ohio's Fifth District Court of Appeals holds that Virginia v. Moore permits a search incident for speeding 36 in a 25 zone. A CI had given the police information that defendant would be bringing drugs when he appeared[, and the state did not have to rely on corroborating the CI]. State v. Logan, 2008 Ohio 2969, 2008 Ohio App. LEXIS 2489 (5th Dist. June 16, 2008): [*P21] Moore was charged with possession of cocaine with the intent to distribute, in violation of Virginia law. Id. He filed a pretrial motion to suppress the evidence from the arrest search. Id. In his motion, Moore argued suppression was required by the Fourth Amendment. Id. The trial court denied the motion, and after a bench trial, found Moore guilty of the drug charge and sentenced him accordingly...continue to full post

Full post as published by Fourth Amendment on June 21, 2008 (boomark / email).