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2014 Ohio 5056
Ohio Ct. App.
2014
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Background

  • On Aug. 8, 2013, Massillon police responded to calls from appellant Steven Bubenchik’s wife saying Bubenchik left a voicemail suggesting self-harm (“see you in the next lifetime”).
  • Officers visited Bubenchik’s house twice; on the second visit they were accompanied by his parents, heard no response despite knocking and shining lights, and left to wait nearby at the parents’ request.
  • Concerned the parents could not get Bubenchik to answer without police presence and knowing he had recently been questioned in a serious investigation, officers reapproached the house and found an open front-porch window.
  • Officer Riccio entered the home through the open porch window announcing himself for a welfare check; officers then heard a gunshot inside, saw Bubenchik firing from a window, and took cover. A multi-hour standoff followed; Bubenchik surrendered after about three hours.
  • Bubenchik was charged with attempted murder, felonious assault, and weapons-under-disability offenses; he moved to suppress evidence obtained after the warrantless entry, arguing no exigent circumstance justified the entry.
  • The trial court denied the motion to suppress; a jury convicted Bubenchik and the court imposed an aggregate 48-year sentence. On appeal the sole assignment of error challenged the denial of the suppression motion.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether officers’ warrantless entry through an open porch window was justified by exigent/emergency-aid circumstances Officers had reasonable grounds to believe Bubenchik might have harmed himself; the wife’s voicemails, unresponsive house, parents’ concern, and recent questioning gave rise to an emergency justifying entry Wife’s call did not create exigent circumstances; entry was an unlawful warrantless search (and alternatively the State’s postarrest evidence should be suppressed because the entry lacked exigency) The court held the emergency-aid exigency exception applied and overruled the motion to suppress; entry was justified to ensure Bubenchik had not attempted self-harm

Key Cases Cited

  • Applegate v. State, 68 Ohio St.3d 348 (Ohio 1994) (exigent/emergency exceptions to warrant requirement are narrowly defined but apply to protect life or avoid serious injury)
  • Katz v. United States, 389 U.S. 347 (U.S. 1967) (recognition of warrant requirement and its exceptions under the Fourth Amendment)
  • Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (police may enter without a warrant to protect life or prevent serious injury when exigent circumstances exist)
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Case Details

Case Name: State v. Bubenchik
Court Name: Ohio Court of Appeals
Date Published: Nov 10, 2014
Citations: 2014 Ohio 5056; 2014CA00020
Docket Number: 2014CA00020
Court Abbreviation: Ohio Ct. App.
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