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OH5: [Mere] possibiity a confederate saw defendant's arrest in car after leaving apartment justified warrantless entry

By John Wesley Hall, Jr.

Officers were told by a CI of a sale of drug store pseudophedrine in exchange for meth and then destruction of the packaging. Officers following defendant saw him dispose of trash. They detained him, frisked him with probable cause and found a small quantity of meth. They took him back to his place and searched, then got a search warrant. The possibility that others involved could have seen defendant’s arrest could destroy evidence justified the entry. State v. Channell, 2010 Ohio 6566, 2010 Ohio App. LEXIS 5428 (5th Dist. December 30, 2010)*: [*P25] The informant told the detectives that appellant was getting ready to leave his apartment. Id. at 20. The detectives observed appellant leave and drive away. A traffic stop was initiated and appellant was returned to his apartment...continue to full post

Full post as published by Fourth Amendment on January 05, 2011 (boomark / email).