Should Contraband Found During a Search Incident to Arrest Be Suppressed If the Warrant Was Invalid but had Incorrectly Remained in the Agency Database?
The good faith exception to the exclusionary rule applies in this case. A reaso [...]
Can an Officer Search Incident to Arrest Following Warrant Verification But Prior to Confirming the Suspect is Within the Pick-Up Radius?
This court is unaware of any authority that requires the police officer to dete [...]
Can Law Enforcement Make a Custodial Arrest for Aggravated Menacing if the Officer Did Not Witness the Threat?
In this case, officers had Mr. Corkan’s report and statement that Mr. Pate thre [...]
Can a Suspect be Searched when there is a Possible, yet Unverified Warrant?
Since it is the fact of custodial arrest which gives rise to the authority to s [...]
Can a Search ‘Incident to’ Arrest Occur PRIOR to the Arrest?
Where the police officer has probable cause to arrest independent of the items [...]
Can a Suspect’s Bag be Searched ‘Incident to Arrest’ if the Bag was Removed During the Arrest?
Ms. Green had immediate control of the bag at the time of her arrest, it was va [...]
Medina County Trial Court Judge Creates a Legal Doctrine for Personal Property of ‘Temporarily Unattended’ … Would the Doctrine be Temporary or Permanent?
While we note that instead of applying a Fourth Amendment analysis to the searc [...]
If an Officer Establishes Probable Cause to Search a Suspect based on the Smell of Marijuana … Should the Officer Attempt to Pat Down the Suspect for Officer Safety under Terry?
[W]e find the state did not satisfy its burden in the trial court of establishi [...]
Did Kendall have an Expectation of Privacy in the Days Inn – Room 101 to Sell Fentanyl and Cocaine?
Appellant’s sole use of Room 101 was selling illegal narcotics in Room 101. Acc [...]
The Deputy Searched Jenny’s Purse Incident to Arrest, but was the Search Lawful?
[T]he trial court’s decision to overrule appellant’s motion to suppress on the [...]