State v. Hendrix, 2013 Ohio 2430

The State appeals a suppression ruling in which Hendrix and Scott were granted suppression for a warrantless home entry.
On Oct 31, 2011, a Suffolk Downs neighbor reported the next-door garage had been open for several days, unusual for that door.
Officers Hall and Semonin approached 3279 Suffolk Downs, checked exterior visibility, and could not contact residents.
The officers entered the attached garage via the unlocked man door, entered the home, and discovered a large marijuana grow room; they then exited and sought a warrant.
Indictments followed for possession, cultivation, trafficking, and tools; Hendrix faced an extra weapon-under-disability count; suppression hearings occurred July 26, 2012.
The trial court granted suppression on Sept 25, 2012; the State appealed and consolidated Scott’s case with Hendrix’s.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether warrantless entry was justified by exigent circumstances	State: emergency aid exception justified entry without warrant	Hendrix/Scott: no valid exigency supported warrantless entry	State prevailed; suppression reversed and remanded for new hearing

State v. Mills, 62 Ohio St.3d 357 (1992) (mixed law and fact; de novo legal review)
State v. Fanning, 1 Ohio St.3d 19 (1982) (trial court credibility findings reviewed for plain error)
State v. McNamara, 124 Ohio App.3d 706 (1997) (independent legal review of evidence)
State v. Burnside, 100 Ohio St.3d 152 (2003) (framework for reviewing suppression rulings)
State v. Hobbs, 133 Ohio St.3d 43 (2012) (Burnside applied to suppression rulings)
State v. Liscoe, 2011-Ohio-1054 (2011) (focus on factual support for trial court findings)
State v. Gooden, 2008-Ohio-178 (2008) (emergency aid exception recognized)
State v. Baker, 2009-Ohio-2340 (2009) (three-prong test for exigent/home-entry cases)
Brigham City v. Stuart, 547 U.S. 398 (2006) (minimizeing danger; emergency aid principle)
State v. Dunn, 131 Ohio St.3d 325 (2012) (emergency necessity and warrantless entry standards)
State v. Price, 134 Ohio App.3d 464 (1999) (corroborated anonymous tips can justify entry)