Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 Ohio opinions name it 2 courts 1986–2018 0 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Halczyszakgreen2 sentences2001This requirement is met when "police have probable cause to associate an object with criminal activity," State v. Halczyszak (1986), 25 Ohio St.3d 301 , paragraph three of the syllabus. "[S]uch probable cause to associate an object with criminal activity as is obvious and evident to an ordinary police officer sufficiently satisfies the immediately apparent requirement" of the plain view doctrine. 1994This requirement is met when “police have probable cause to associate an object with criminal activity,” State v. Halczyszak (1986), 25 Ohio St.3d 301 , 25 OBR 360, 496 N.E.2d 925 , paragraph three of the syllabus, which probable cause “may arise from the character of the property itself.” Id. at 304-305 , 25 OBR at 363, 496 N.E.2d at 931 . “[S]uch probable cause to associate an object with criminal activity as is obvious and evident to an ordinary police officer sufficiently satisfies the immediately apparent requirement” of the plain view doctrine. | 1 | 3 |
Texas v. Browngreen2 sentences1986It was asserted below that reliance on Texas v. Brown, supra, is unwarranted because it is a plurality opinion. 1986See the concurring opinion of Justices Powell and Blackmun, id. at 746 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Horton v. California
green
2 sentences2018"The [evidence], therefore, must be seized pursuant to a warrant or the seizure must be under circumstances that excuse the failure to get the warrant." State v. Kesler , 111 Ohio App.3d 98 , 100, 675 N.E.2d 875 (3d Dist.1996), citing Horton , 496 U.S. at 138 , 110 S.Ct. 2301 , 110 L.Ed.2d 112 . 2018"The [evidence], therefore, must be seized pursuant to a warrant or the seizure must be under circumstances that excuse the failure to get the warrant." State v. Kesler , 111 Ohio App.3d 98 , 100, 675 N.E.2d 875 (3d Dist.1996), citing Horton , 496 U.S. at 138 , 110 S.Ct. 2301 , 110 L.Ed.2d 112 . | 1 | 2018–2018 |
State v. Kesler
green
2 sentences2018"The [evidence], therefore, must be seized pursuant to a warrant or the seizure must be under circumstances that excuse the failure to get the warrant." State v. Kesler , 111 Ohio App.3d 98 , 100, 675 N.E.2d 875 (3d Dist.1996), citing Horton , 496 U.S. at 138 , 110 S.Ct. 2301 , 110 L.Ed.2d 112 . 2018"The [evidence], therefore, must be seized pursuant to a warrant or the seizure must be under circumstances that excuse the failure to get the warrant." State v. Kesler , 111 Ohio App.3d 98 , 100, 675 N.E.2d 875 (3d Dist.1996), citing Horton , 496 U.S. at 138 , 110 S.Ct. 2301 , 110 L.Ed.2d 112 . | 1 | 2018–2018 |
Minnesota v. Dickerson
green
2 sentences2004No. 96-A-0063, 1997 Ohio App. LEXIS 2817 , relying on Minnesota v. Dickerson (1993) 508 U.S. 366 , we stated: {¶ 16} "* * * the Supreme Court analogized the `plain view' doctrine to those cases in which contraband is `plainly felt' and its identity as contraband is `immediately apparent' in a valid Terry stop situation. `The `immediately apparent' requirement of the `plain view' doctrine is satisfied when police have probable cause to associate an object with criminal activity.' Thus, by analogy, the probable cause standard applies to the immediately apparent requirement in the `plain feel' co 2004Probable cause exists when `there is a fair probability that contraband or evidence of a crime will be found in a particular place.' {¶ 17} In Dickerson , the officer conducting the pat-down search realized that the item was contraband `only after `squeezing, sliding and otherwise manipulating the contents of the defendant's pocket' * * *.' Therefore, the Supreme Court concluded that the officer's `continued exploration' of the suspect's pocket was not authorized under Terry . " (Internal citations omitted.) Id. at 10-11 . {¶ 18} In the instant case, both Ladner and Weber testified it was comm | 1 | 2004–2004 |
State v. Waddy
red
1 sentence2002Id. {¶ 24} We have already determined that the initial investigatory stop of appellant's vehicle was a lawful intrusion. | 1 | 2002–2002 |
Gary Leland Cotton v. United States
green
1 sentence1986Cotton v. United States (C.A.9, 1967), 371 F. 2d 385, 392 ; United States v. Graham (C.A.6, 1968), 391 F. 2d 439, 443 , certiorari denied (1968), 393 U.S. 941 ; United States v. Johnson (C.A.5, 1970), 431 F. 2d 441 . | 1 | 1986–1986 |
United States v. Robert Graham, United States of America v. Grady Lee Tucker
green
1 sentence1986Cotton v. United States (C.A.9, 1967), 371 F. 2d 385, 392 ; United States v. Graham (C.A.6, 1968), 391 F. 2d 439, 443 , certiorari denied (1968), 393 U.S. 941 ; United States v. Johnson (C.A.5, 1970), 431 F. 2d 441 . | 1 | 1986–1986 |
United States v. James Leland Johnson
green
1 sentence1986Cotton v. United States (C.A.9, 1967), 371 F. 2d 385, 392 ; United States v. Graham (C.A.6, 1968), 391 F. 2d 439, 443 , certiorari denied (1968), 393 U.S. 941 ; United States v. Johnson (C.A.5, 1970), 431 F. 2d 441 . | 1 | 1986–1986 |
Howard v. California
green
1 sentence1986Cotton v. United States (C.A.9, 1967), 371 F. 2d 385, 392 ; United States v. Graham (C.A.6, 1968), 391 F. 2d 439, 443 , certiorari denied (1968), 393 U.S. 941 ; United States v. Johnson (C.A.5, 1970), 431 F. 2d 441 . | 1 | 1986–1986 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.