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OH10: Defendant's porch was public place for police entry for suspected underage drinking

By John Wesley Hall, Jr.

The underage defendant was on his porch drinking a beer, and a plainclothes detective saw him and pulled out his badge from under his shirt on a badge chain so it could be seen and came onto the porch. This was not a Fourth Amendment violation because it was in a public place that could be seen from the street. State v. Swonger, 2010 Ohio 4995, 2010 Ohio App. LEXIS 4208 (10th Dist. October 14, 2010).* Defendant was involved in a traffic stop, and his DL was suspended. The officers searched his person and relieved him of $2,500. While the stop was valid, defendant was entitled to return of the money, and the City showed no reason to keep it. City of Cleveland v. Wells, 2010 Ohio 5014, 2010 Ohio App. LEXIS 4218 (8th Dist. October 14, 2010)*: The State may not deprive an individual of his property without due process of law...continue to full post

Full post as published by Fourth Amendment on October 18, 2010 (boomark / email).