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OH7: Defendant was handcuffed on an old warrant, released when it was found to be recalled, and then he validly consented

By John Wesley Hall, Jr.

"[S]trip searches carried out in non-secluded areas of prisons and in the presence of prison employees of the opposite sex are not unconstitutional." Tuft v. Chaney, 2009 U.S. Dist. LEXIS 12860 (S.D. Tex. February 17, 2009).* Probable cause was shown for seizure of DNA evidence in a bank robbery case. United States v. Cornelius, 2009 U.S. Dist. LEXIS 12849 (D. Kan. February 19, 2009).* Defendant was detained based on a warrant, and he was handcuffed. About 8 minutes into it, the officers learned that the warrant had been recalled, and they unhandcuffed him. While conversing with him, they obtained consent. The consent was separate from the arrest on the recalled warrant. State v. Haslam, 2009 Ohio 696, 2009 Ohio App. LEXIS 604 (7th Dist. February 10, 2009)...continue to full post

Full post as published by Fourth Amendment on February 22, 2009 (boomark / email).