Ohio Court of Appeals September 11, 1989, No. 55643. (State v. Tolbert)

Also known as

United States · · · 11-09-1989

David T. Matia, Presiding Judge,

dissenting.

I respectfully dissent from the majority’s opinion which found that the trial court improperly denied the appellant’s motion to suppress. The record

*273

indicates that the appellant voluntarily consented to the search of his briefcase. Voluntary consent, absent duress or coercion, provides a valid basis for a lawful search. Cf.

Schneckloth v.

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