News

OH9: Wad of money not seizable under plain feel during patdown

FourthAmendment.com - News - Sat, 2025-05-17 20:03

A patdown that revealed a wad of money was not a valid plain feel because it should have been apparent that it was not a weapon. State v. Robinson, 2012 Ohio 2428, 2012 Ohio App. LEXIS 2137 (9th Dist. June 4, 2012):

[*P20] Here, the testimony is unclear as to whether the nature of the "wad of money" was apparent by touch during the Terry search, or whether the officer reasonably believed the "wad" in Robinson's pocket to be a weapon. Moreover, the record does not indicate that Officer McConnell at any point subjectively believed that the "wad" in Robinson's pocket was a weapon. Therefore, the seizure of the money from Robinson's pockets is not justified by the Terry search or the plain feel doctrine. See Maumee v. Weisner, 87 Ohio St.3d 295, 297, 1999 Ohio 68, 720 N.E.2d 507 (1999) ("Generally, at a suppression hearing, the state bears the burden of proving that a warrantless search or seizure meets Fourth Amendment standards of reasonableness.")

Plaintiff is a state prison inmate required under state law to give fingerprints for SORNA purposes, and he refused. He was placed in segregation for refusing, and a criminal investigation was opened by the State Police. He sued under § 1983, but he doesn’t state a claim for relief because the intrusion is minimal [not to mention that, as a prison inmate, his fingerprints are in multiple places and were likely taken when he got there]. Ford v. Curtin, 2012 U.S. Dist. LEXIS 79439 (W.D. Mich. June 8, 2012).*

CA6: Arrest warrant made officers lawfully in defendant's place under Payton for a plain view

FourthAmendment.com - News - Sat, 2025-05-17 20:03

Officers lawfully in defendant’s place with an arrest warrant saw a gun and ammunition in plain view, so the seizure was valid. United States v. Lyons, 2012 U.S. App. LEXIS 11651, 2012 FED App. 0590N (6th Cir. June 7, 2012).*

Defendant argued that one question from the officer expanded the scope of a traffic stop. The court concludes, however, that his shaking and obvious nervousness and deflection when the question was asked was reasonable suspicion. One question could be enough, but not here. State v. Smith, 2012 Minn. LEXIS 239 (June 6, 2012)*:

[W]e conclude that Smith's extreme shaking and his evasive response when asked about his shaking provided the officers with reasonable, articulable suspicion sufficient to support an expansion of the traffic stop. In essence, because we conclude that the officers had reasonable, articulable suspicion to support the alleged expansion of the stop, we assume without deciding that Ehrhardt's question caused an incremental expansion in the scope of the traffic stop.1
1 We are not persuaded by the State's argument that a question cannot expand the scope of a traffic stop. Instead, we recognize that even a single question, depending on its content, could expand the scope of a traffic stop under other facts.

Unlikely front in drug war

CNN - Top Stories - Sat, 2025-05-17 20:03
Less than a mile off a county road in Ivanhoe near the Black River, federal drug agents and local authorities found exactly what their informant had promised.
Categories: CNN, News

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - U.S. News - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....
Categories: Associated Press, News, US

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - U.S. News - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....
Categories: Associated Press, News, US

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....

Obama campaign woos Hispanics with TV, radio ads

AP - U.S. News - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....
Categories: Associated Press, News, US

Obama campaign woos Hispanics with TV, radio ads

AP - Politics - Sat, 2025-05-17 20:03
KISSIMMEE, Fla. (AP) -- Her Latin American background is clear in her speech as Lynnette Acosta talks about how President Barack Obama's health care plan could help a diabetic neighbor....
Syndicate content