Does Owner Have ‘Expectation of Privacy’ in Closed Shopping Bag Inside Motel Room?
State of Ohio v. Darnell Jones, Case no. 2009-0364 2nd District Court of Appeals (Montgomery County) ISSUE: Under circumstances where police may constitutionally conduct a warrantless search of a motel room, does an occupant who is not under arrest and has a key to the room have a “reasonable expectation of privacy” in the contents of a closed container in that room that bars police from opening and searching the container without a warrant? BACKGROUND: Terry Taylor, Darnell Jones and a woman occupied a Dayton motel room overnight. The following morning when Taylor returned in a borrowed car to pick up Jones and the woman, he was followed into the motel lot by a police car and cited for making an illegal turn. When a computer check showed that he had no driver license, Taylor was placed under arrest. At that moment, Jones emerged from the room carrying a closed and rolled-up plastic shopping bag. Officers asked Jones if he had a valid driver license and could take charge of Taylor’s ca
