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OH10: Defendant's own actions corroborated CI

By John Wesley Hall, Jr.

The officer got a CI’s tip that defendant was seen by him in possession of cocaine. Defendant was sitting in his truck and was acting like he was hiding something. The officer talked to defendant sitting in his truck, and the defendant became nervous and then upset when asked about drugs. This corroborated the CI. State v. Coger, 2011 Ohio 54, 2011 Ohio App. LEXIS 36 (10th Dist. January 11, 2011).* Defendant had not been Mirandized when he was arrested, and the officer asked him whether there was anything in his room that the officer should know about, and he consented to a search without being asked. The search was valid by consent. Cadoree v. State, 2011 Tex. App. LEXIS 146 (Tex. App. – Houston (14th Dist.) January 11, 2011).* Under a Franks claim, an officer is not required to conduct a complete investigation of the alleged crime under investigation before seeking a search warrant...continue to full post

Full post as published by Fourth Amendment on January 14, 2011 (boomark / email).