State v. Dotson

Citations

• 2018 Ohio 499

Syllabus

SEARCH AND SEIZURE - WAIVER - COUNSEL: A suspect may limit the scope of his or her consent and where defendant consented to a pat down search for weapons only and the state presented no evidence that the officer who conducted the pat down determined by \plain feel\ that a thin straw found on defendant's person was most likely contraband, the seizure of the straw violated the Fourth Amendment. Where defendant affirmatively relinquished his right to challenge the search of his car, he waived review of the issue on appeal. Where the record does not show that any alleged deficiency in defense counsel's representation was outcome-determinative, defendant has failed to demonstrate ineffective assistance of counsel.