State v. Boyd
2013 Ohio 1067
Ohio Ct. App.2013Background
- Boyd convicted of weapon under disability; suppression motion denied; appeal filed May 4, 2012.
- Officers responded to domestic-violence call at Satterwhite’s address; Boyd exited after a standoff and was arrested outside the apartment.
- Protective sweep performed after arrest found gun in plain view on master-bedroom bed.
- State relied on Sharpe and Buie to justify absence of warrant and protection of officers.
- Trial court held sweep reasonable; appellate court reverses based on lack of exigent circumstances and privacy concerns.
- Court remands for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the protective sweep violated the Fourth Amendment. | State: sweep necessary for officer safety. | Boyd: no basis; no remaining danger after arrest. | Unconstitutional protective sweep; reversal of conviction. |
| Whether exigent circumstances justified warrantless entry. | State: emergency to retrieve weapon justified entry. | Boyd: no real danger post-arrest; no exigency. | No exigent circumstances; warrant required. |
| Whether Boyd had standing to challenge the search. | State: standing presumed; Boyd lived there. | Boyd lacks privacy interest; no standing. | Standing established; suppression proper. |
Key Cases Cited
- Maryland v. Buie, 494 U.S. 325 (1990) (protective sweep requires articulable facts of danger to officer safety)
- State v. Sharpe, 174 Ohio App.3d 498 (2008-Ohio-267) (protective sweep; warrantless entry limited; exigent circumstances test)
- Payton v. New York, 445 U.S. 573 (1980) (arrest warrants; entry authority; independence from probable cause)
- Mapp v. Ohio, 367 U.S. 643 (1961) (exclusionary rule; incorporation of Fourth Amendment)