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7 cases from OH, OH8: No Fourth Amendment or state right to be presented with a search warrant at the time the search starts

By John Wesley Hall, Jr.

There is no federal or constitutional right to be presented with a search warrant at the time the search begins. Here, the officers who obtained the warrant called ahead to the searching officers to say they had it. There was also probable cause and nexus to the premises. State v. Quinones, 2009 Ohio 2718, 2009 Ohio App. LEXIS 2264 (8th Dist. June 11, 2009). Handcuffing with reasonable suspicion here did not amount to an arrest [after finding that there was probable cause and stating afterward there was probable cause]. The smell of marijuana coming from the car during a valid stop was probable cause for a search [citing Gant, which is wrong because this is not a search incident; the PC is in the car. New cases often excite appellate judges]...continue to full post

Full post as published by Fourth Amendment on June 18, 2009 (boomark / email).