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Criminal Law

: Fourth Amendment

OH12: Identified citizen informer's first-hand knowledge is PC

By John Wesley Hall, Jr.

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Identified citizen informant’s first hand observations of what was in defendant’s house was probable cause for the search warrant. State v. Rader, 2010 Ohio 1010, 2010 Ohio App. LEXIS 824 (12th Dist. March 15, 2010).* When the officer approached defendant’s car he could smell alcohol and the defendant admitted drinking three beers. That was enough to order him out of the car. State v. Wojewodka, 2010 Ohio 973, 2010 Ohio App. LEXIS 837 (11th Dist. March 12, 2010).* Defendant’s patdown was reasonable. He was a passenger in an SUV pulled over at a gas station. He asked if he could go into the gas station to get something to drink, and the officer said he could if he were patted down. He stayed, but he was nervous. The officer then asked him to raise his shirt, and marijuana was found...continue to full post

Full post as published by Fourth Amendment on March 18, 2010 (boomark / email).

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