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Defendant was stopped for his license plate being out near his house, and a bag of marijuana was in plain view between his feet. Defendant asked if he could put his dog in the house, and the officer let him, and the officer could see a small quantity of marijuana and a grinder in the living room. There was no reason to believe anyone else was inside, and the entry for a protective sweep was unreasonable. State v. Alihassan, 2012 Ohio 825, 2012 Ohio App. LEXIS 718 (10th Dist. March 1, 2012):

[*P22] We disagree with the state's contentions. There was no evidence presented that the marijuana and grinder were in danger of destruction or removal. Although Leighty testified he knew there had been prior disturbance calls to the apartment regarding appellant and his girlfriend, he never said that he believed appellant's girlfriend lived at the apartment, and he admitted that people can have domestic disturbances when they do not live together. Leighty also admitted he heard no voices coming from inside the apartment, the television was not on, and there were no indications that a person was in the apartment. Although Leighty first testified that he heard no noises coming from inside the apartment, he later said he heard "noises" inside, and the noises were from an aquarium. Importantly, Leighty never testified that he believed the noises were made by people inside the apartment.

[*P23] With no evidence of any third parties present in the apartment, there was no risk of destruction of the evidence. Although, conceivably, the dog could have ingested the small amount of marijuana on the table, the grinder would not have been easily destroyed. ...

[I resisted the temptation.]

Defendant was stopped for having a headlight out and was given a warning. Immediately after he was told he was free to leave, the officer went into asking whether he had any drugs, firearms or knives on him. In the meantime, a second officer showed up to observe. The consent to search his person was a mere submission to authority at that point. State v. Dieckhoner, 2012 Ohio 805, 2012 Ohio App. LEXIS 699 (8th Dist. March 1, 2012):

[*P22] We find no legal distinction between Robinette and the case before this court. Just as the Ohio Supreme Court was in Robinette, we are also troubled by the timing of Comerford's immediate transition from giving Dieckhoner the warning for the improperly working headlight to questioning him about contraband and then requesting to search his person.

[*P23] Comerford gave Dieckhoner a verbal warning for the improperly working headlight and told Dieckhoner that "he was all set and to have a good night." As Dieckhoner turned to walk toward his car, Comerford then asked, "[b]y the way, do you have anything illegal; guns, knives, bombs, anything[?]" Unlike the facts in Robinette, there was no departmental or "drug interdiction policy" that required Comerford to question Dieckhoner about weapons or drugs. With the second officer standing five feet away, Dieckhoner denied having any contraband. Comerford immediately asked for consent to search him and Dieckhoner agreed.

[*P24] Comerford testified that he asks everyone he stops if they have any weapons, drugs, or guns on their person, and that he had no particular reason for asking Dieckhoner to search his person. In fact, Comerford testified that Dieckhoner was not acting suspicious in any way and that Dieckhoner was free to leave.

[*P25] Although Detective Leanza testified that Dieckhoner stated he consented to the search because he did not think Comerford would find the drugs in his pocket, the test for whether consent was voluntary depends on the totality of the circumstances at the time consent was given. Dieckhoner's reasoning for consenting to the search given after being arrested and to another law enforcement officer while in police custody does not withstand the State's burden of clearly demonstrating that Dieckhoner's consent was voluntary.

[*P26] After considering the totality of circumstances in the instant case, including Comerford's testimony that Dieckhoner appeared calm, the seamless transition between the detention and the request for consent, the fact that Comerford had no reasonable suspicion that Dieckhoner was involved or engaging in criminal activity, and the presence of another uniformed police officer, this court finds there was a sufficient show of authority such that Dieckhoner would not believe at the time that he was free to get in his car and drive away. Under these circumstances, any reasonable person would have felt compelled to submit to the officer's search, rather than consenting as a voluntary act of free will. See Robinette at 244-245.

United States-People's Republic of China Education Agreement 5-1-10

The officer lacked reasonable suspicion for a stop in a high crime area, but the officer then saw that the license for the vehicle was expired. When defendant was stopped, he made furtive movements under the dashboard, and that justified the officer handcuffing him when defendant was removed from the vehicle. This was still not an arrest. State v. Walker, 2012 Ohio 847, 2012 Ohio App. LEXIS 739 (2d Dist. March 2, 2012):

{¶ 25} Considering the totality of the circumstances, the detective's actions of drawing his gun and handcuffing Walker did not constitute an arrest. Given Walker's frantic movements below the dashboard upon being stopped by the police, his failure to comply when ordered to show his hands, and their location in a high crime area, House took reasonable actions to ensure his safety while initiating an investigatory detention.

Officers responded to a shooting call at defendant’s premises, and a cursory review of the premises revealed bags of marijuana. Even opening a closet door was not unreasonable. State v. Smith, 2012 Ohio 845, 2012 Ohio App. LEXIS 737 (2d Dist. March 2, 2012).*

A bar had no reasonable expectation of privacy in the public area of its establishment under Barlow’s. “Even if, as Dodge City argues, it had a subjective reasonable expectation of privacy to exclude persons under 21 years old, which it did not, Dodge City lost that interest when it voluntarily admitted [the minor] onto the premises.” Dodge City Saloon, Inc. v. Liquor Control Bd., 2012 Wash. App. LEXIS 386 (February 28, 2012). [Update: The Washington courts website has not worked in four days.]

Just because a judge denies a motion to suppress does not mean that the judge is biased against the defendant. United States v. Harris, 2012 U.S. Dist. LEXIS 26578 (W.D. Mo. January 24, 2012).*

In an Anders brief, the search warrant was valid. State v. Jones, 2012 La. App. LEXIS 207 (La. App. 5th Cir. February 28, 2012).*

Here the officers had an arrest warrant for defendant and performed a “protective sweep” to corral the children in the house so they would be attended to when the officers left with defendant. This was reasonable. Defendant consented to retrieving his ID from the bedroom and the seizure of his cell phones. United States v. Rivero, 2012 U.S. Dist. LEXIS 26867 (N.D. Ga. January 20, 2012).*

LOUISVILLE, Ky. (AP) -- A hospital spokeswoman says a toddler found alive in an Indiana field after violent storms is the sole survivor of her immediate family....

LOUISVILLE, Ky. (AP) -- A hospital spokeswoman says a toddler found alive in an Indiana field after violent storms is the sole survivor of her immediate family....

LOUISVILLE, Ky. (AP) -- A hospital spokeswoman says a toddler found alive in an Indiana field after violent storms is the sole survivor of her immediate family....

LOUISVILLE, Ky. (AP) -- A hospital spokeswoman says a toddler found alive in an Indiana field after violent storms is the sole survivor of her immediate family....

LOUISVILLE, Ky. (AP) -- A hospital spokeswoman says a toddler found alive in an Indiana field after violent storms is the sole survivor of her immediate family....

Doctors Continue to Kill and Injure with Horse Urine Estrogen 12-11-10

WEST LIBERTY, Ky. (AP) -- Across the South and Midwest, survivors emerged Saturday to find blue sky and splinters where homes once stood, cars flung into buildings and communications crippled after dozens of tornadoes chainsawed through a region of millions, leveling small towns along the way....

NEW YORK (AP) -- BP's multibillion-dollar settlement with people and businesses harmed by its 2010 oil spill removes some uncertainty about the potential financial damages it faces. It also may help the company restore its all-important relationship with the federal government....

WASHINGTON (AP) -- Conservative talk show host Rush Limbaugh apologized Saturday to a Georgetown University law student he had branded a "slut" and "prostitute" after fellow Republicans as well as Democrats criticized him and several advertisers left his program....

MILWAUKEE (AP) -- The sister of one of Jeffrey Dahmer's 17 victims joined others in protesting a Milwaukee walking tour of the serial killer's haunts Saturday, calling out to tour organizers that they were "just as evil" as Dahmer himself....

TEMPE, Ariz. (AP) -- Police made one arrest and were looking for two other suspects after a shootout amid a large crowd outside an Arizona nightclub left more than a dozen people wounded and set off a chaotic scene as the injured screamed for help and hundreds tried to flee....

TEMPE, Ariz. (AP) -- Police made one arrest and were looking for two other suspects after a shootout amid a large crowd outside an Arizona nightclub left more than a dozen people wounded and set off a chaotic scene as the injured screamed for help and hundreds tried to flee....

TEMPE, Ariz. (AP) -- Police made one arrest and were looking for two other suspects after a shootout amid a large crowd outside an Arizona nightclub left more than a dozen people wounded and set off a chaotic scene as the injured screamed for help and hundreds tried to flee....

DAISY HILL, Ind. (AP) -- This is a town that's almost impossible to find, even if you're trying. But a massive tornado did....

DAISY HILL, Ind. (AP) -- This is a town that's almost impossible to find, even if you're trying. But a massive tornado did....