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OH8: Driving with door open and loud music did not justify search incident

By John Wesley Hall, Jr.

Stop for driving with the door open and playing loud music did not justify a search incident of the car, so it was unreasonable under Gant. State v. Burke, 2010 Ohio 1433, 2010 Ohio App. LEXIS 1194 (8th Dist. April 1, 2010).* Defendant’s furtive movements and his “large size thus heightened the need for Officer Waltermyer to take reasonable precautionary measures.” A patdown was thus justified. State v. Morris, 2010 Ohio 1383, 2010 Ohio App. LEXIS 1159 (10th Dist. March 31, 2010).* Defendant’s stop for a traffic offense led to a finding that the vehicle license did not match it, so that led to defendant’s custodial arrest and a search incident. State v. Ewing, 2010 Ohio 1385, 2010 Ohio App. LEXIS 1167 (10th Dist...continue to full post

Full post as published by Fourth Amendment on April 05, 2010 (boomark / email).