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Criminal Law

: Fourth Amendment

OH2: Defendant's taking potential CP on digital camera was inference of CP on computer, too

By John Wesley Hall, Jr.

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A child told her mother that defendant had taken potentially pornographic pictures of her with a digital camera. Coupled with the fact defendant was known to be “proficient” with a computer, it was reasonable for the judge issuing the search warrant to draw the conclusion that the pictures would be on his computer, too. State v. Wild, 2010 Ohio 4751, 2010 Ohio App. LEXIS 4020 (2d Dist. October 1, 2010).* Defendant was seen leaving a drug house in his car, and he was known to have a suspended DL. That was justification for the stop. He fled and dropped baggies of drugs in flight. State v. Mitchell, 2010 Ohio 4708, 2010 Ohio App. LEXIS 3967 (6th Dist. September 30, 2010),* Defense counsel was not ineffective for not challenging the search of defendant’s car two years before Gant because it was valid as an inventory anyway because he was driving on s suspended DL...continue to full post

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

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