Can Law Enforcement Open the Van Door of a Driver Slumped Over the Wheel in an Empty Parking Lot at 2:19 a.m. … or is that an Unreasonable Search?
[W]hen the officers opened the vehicle for those purposes, they were acting und [...]
Is Opening a Car Door on a Lawfully Stopped Car a ‘Search’?
Because the officer acted with the intent to secure Mr. Jackson and not with “t [...]
Once Probable Cause is Established Can Law Enforcement Delay Enforcement?
Mr. Jones’s case is “governed by the usual rule that probable cause to believe [...]
Once Probable Cause is Established to Search a Vehicle Does a Deputy Need to Question the Occupants to Obtain More Probable Cause Before Searching?
Because the deputy violated Miranda in obtaining the initial statements from Mr [...]
Can Probable Cause following a Canine Alert become Stale After Two Unsuccessful Attempts to Discover the Contraband?
Thus, we reject Mr. Harper’s argument that the way the troopers conducted the s [...]
Can a Vehicle be Impounded for Excessive Window Tint?
Once the officers determined that it would be necessary to impound the vehicle, [...]
Was there Enough Probable Cause to Obtain Search Warrant on the Child Sexual Predator’s Electronic Devices?
The warrant in this case guided the judgment of the searchers and did not inclu [...]
Can an Officer’s Smell of Packaged Marijuana in the Trunk – Justify a Valid Search based on the Automobile Exception … Even if the Officer was Wrong and there was no Marijuana in the Trunk?
Yes! That [automobile] exception allows a probable-caused based search of a t [...]
Can a Suspect Dispel Probable Cause by Handing Marijuana Over to Police During a Traffic Stop – Thereby Preventing a Search of the Vehicle?
Ohio law does not support such an absurd result. State v. Mitchell 2022 – Ohio [...]
Can a Hidden Compartment be considered “Reasonably Accessible” for Purposes of a Vehicle Inventory?
Discovery of the bags of heroin in the space behind the access panel pursuant t [...]