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OH12: Officers with a SW could also check VINs of vehicles on property

By John Wesley Hall, Jr.

Officers had a search warrant for defendant's premises, and evidence of drugs and possession of stolen cars was found. Officers were not precluded under the warrant from looking at the VINs of vehicles parked on his property. State v. Messer, 2009 Ohio 929, 2009 Ohio App. LEXIS 747 (12th Dist. March 2, 2009).* Officers were not required to obtain a warrant prior to defendant's arrest because officer saw him handling a gun in a car. Even though the defendant got out of the car and crossed the street, he was still a "recent occupant" under Thornton for search incident purposes. United States v. Lindsey, 2009 U.S. Dist. LEXIS 15411 (D. Del. February 27, 2009).* "In this case, with the police in pursuit, Bailey jumped from a moving SUV and fled, leaving the SUV to lurch onto a sidewalk, with the door still open, the engine still running, and the keys in the ignition...continue to full post

Full post as published by Fourth Amendment on March 04, 2009 (boomark / email).