State v. Alihassan, 2012-Ohio-825
Mar 01, 2012OUTCOME: Case remanded.
Warrantless entry into home, protective sweep, and subsequent consent to search the residence violated the Fourth Amendment in felony drug case.
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OUTCOME: Case remanded.
Warrantless entry into home, protective sweep, and subsequent consent to search the residence violated the Fourth Amendment in felony drug case.
OUTCOME: Breath test suppressed.
Trooper did not comply with procedures to re-new his permit, and was therefore not qualified to administer breath test.
OUTCOME: Suppression upheld, case subsequenty dismissed.
Defendant was unconstitutionally seized while in his vehicle prior to the discovery of a weapon.