Long v. State
2012 Ohio 366
Ohio Ct. App.2012Background
- Marvin Long appealed a trial court dismissal of his petition for the return of seized property
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction over Long's petition | Long | State | Jurisdiction to hear the petition exists; remanded for evidentiary hearing |
| Whether the search warrant was facially defective | Long | DEA agent could join execution; warrant valid | Warrant not facially defective; valid collaboration allowed |
| Whether Long received a prompt hearing on the petition | Long | Hearing conduct was timely; 35 days adequate | Hearing not prompt; but preserved for remand; ultimately merits addressed on appeal |
Key Cases Cited
- State v. Joiner, 2003-Ohio-3324 (8th Dist. 2003) (valid when federal and state officers cooperate on same search)
- State v. Ridgeway, 2001-Ohio-2655 (4th Dist. 2001) (DEA agent can participate in local search)
- Harris v. Mayfield Hts., 2011-Ohio-1943 (8th Dist. 2011) (possession and jurisdiction issues in replevin context)
- Meerhoff v. Huntington Mtge. Co., 103 Ohio App.3d 164 (1995) (replevin statutory scope beyond named defendants)