Hamilton county, ohio

{IF APPLICABLE} The Opening of «lastname»’s Over-the-Counter Medicine Bottle Without a Warrant was a Wrongful Search of a Container

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{IF APPLICABLE} The Opening of «lastname»’s Over-the-Counter Medicine Bottle Without a Warrant was a Wrongful Search of a Container.

“The Fourth Amendment provides protection to the owner of every container that conceals its contents from plain view.” United States v. Ross, 456 U.S. 798, 822–823, 102 S. Ct. 2157, 72 L. Ed. 2d 572 (1982). The Court explained that the degree of that protection can vary depending on the circumstances, and that containers, including those found inside automobiles, may be searched incident to the arrest of the owner. Id. at 823. Admittedly, one may not have Fourth Amendment protections from searches of “rare single purpose containers which by their very nature cannot support any reasonable expectation of privacy because their contents can be inferred from their outward appearance.” Arkansas v. Sanders, 442 U.S. 753, 764–765 (1979).

However, the Fourth Amendment provides «lastname» protection in the over-the-container pill bottle in his jacket pocket. Absent a warrant, the police could not open the container. There were no exigent circumstances. The bottle was not a single purpose container in which its contents could be inferred from their outward appearance. On the contrary, the container was an over-the-counter pill bottle—a reasonable person would assume that the bottle contained over-the-counter medicine. Because the police opened the bottle without a warrant, all evidence of the ____ should be excluded.

For these reasons, «lastname» respectfully requests that this Court suppress any tangible or intangible evidence from the illegal search of his jacket.

Respectfully Submitted,


«attorney», # «osc_number»

Attorney for Defendant


«city», «state» «zip»



I hereby certify that a copy of this document was served upon the Hamilton County Prosecutor/City of Cincinnati Prosecutor on ___________________ by:

 Ordinary Mail  Fax  Hand Delivery  Dedicated Drop Box


Attorney for Defendant

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