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Criminal Law

: Fourth Amendment

OH3: Defendants did not show standing in the pickup truck they were in

By John Wesley Hall, Jr.

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Defendants’ truck was stopped because it was behind a business with a large amount of wire in the bed that the officer thought was stolen. The defendants did not show a connection to the truck to have standing. Even so, they consented to the search. State v. Graziani, 2010 Ohio 3550, 2010 Ohio App. LEXIS 3017 (3d Dist. August 2, 2010).* The officer’s detailing of alleged drug transactions in the affidavit for the search warrant showed probable cause. State v. Tinsley, 2010 Ohio 3535, 2010 Ohio App. LEXIS 3035 (2d Dist. July 30, 2010).* The trial court considered the totality of circumstances in determining that defendant did not consent to the search, so the order granting the suppression motion is granted. State v. Wilburn, 2010 Ohio 3536, 2010 Ohio App...continue to full post

Full post as published by Fourth Amendment on August 04, 2010 (boomark / email).

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