State v. Gibson Fields

Citations

• 2022 Ohio 2332

Syllabus

Pursuant to the plain view doctrine, officers may seize evidence in plain view if they have not violated the Fourth Amendment in arriving at the spot from which the observation of the evidence is made. Incriminating evidence may be seized if it is viewable by officers before entering a property, even if the evidence is located in a home's curtilage. To convict a defendant of obstructing official business, the state does not need to prove that the defendant successfully prevented an officer from performing his or her official duties rather, the state need only introduce evidence demonstrating the defendant actually interfered with the performance of an official duty and made it more difficult. While the offense of obstructing official business generally requires the doing of some affirmative act by a defendant, failing to act may still constitute obstruction of official business in certain circumstances. Failure to stand aside and permit officers to collect evidence after repeatedly being ordered to do so