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OH8: Officer was permitted to retrieve shirt from bedroom for arrested defendant, so drug paraphernalia was in plain view

By John Wesley Hall, Jr.

Officers were in defendant's house with an arrest warrant, and he permitted them to go to a bedroom to get a shirt to go to jail in, and drug paraphernalia were in plain view. State v. Hanson, 2009 Ohio 1243, 2009 Ohio App. LEXIS 1047 (8th Dist. March 19, 2009) [This is remarkably like Chrisman.]. "The Defendant did not include the DVD of the traffic stop in the record. 'In the absence of an adequate record on appeal, this court must presume that the trial court's rulings were supported by sufficient evidence.'" The record supports that a patdown was proper, and baggies of marijuana were found on his person. State v. Brotherton, 2009 Tenn. Crim. App. LEXIS 199 (March 18, 2009).* The PC for the search warrant was based on a citizen informant and a confidential informant, and there was clearly a substantial basis for issuance of the search warrant...continue to full post

Full post as published by Fourth Amendment on March 22, 2009 (boomark / email).