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Tuesday, April 26, 2011

State v. McCree - search / seizure and drug trafficking

In State v. McCree, the 12th Appellate District of Ohio upheld the 17 + 6 month sentence for trafficking cocaine + possession of cocaine. The sentences were imposed consecutively, meaning that the sentence was effectively a 23 month sentence.

The defendant claimed that the search was unlawful because he verbally refused consent. However, the court noted that he subsequently consented to the search by his actions and, therefore, found that the evidence uncovered in the search was admissible.

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