State v. Jackson

Citations

• 2021 Ohio 517

Syllabus

AUTOS/CRIMINAL – CONSTITUTIONAL LAW/CRIMINAL - SEARCH AND SEIZURE - WAIVER: Even though defendant raised the issue of the validity of the traffic stop in his motion to suppress, he waived it at the hearing on the motion and, because he relinquished the right to challenge the stop in open court, he is precluded from raising it now, even under a plain-error analysis. The police officers did not violate defendant's Fourth Amendment rights where they ordered to him to get out of his car after he was stopped for a window-tint violation even without a reasonable concern for officer safety. The plain-view exception to the warrant requirement applied where the police saw a marijuana cigarette through the open door on the floor of the car next to the driver's seat when the door was left open after defendant got out of the car upon a police officer's order and where the police officers were legally in a place where they could view the marijuana cigarette.