State v. Johnson
2013 Ohio 4865
Ohio Ct. App.2013Background
- Defendant Johnson was convicted of trafficking in cocaine and possession of cocaine after a no-contest plea in Butler County Common Pleas Court.
- Police attached a GPS device to Johnson’s van without a warrant during a trash pull, and monitored it to track movements.
- Juxtaposed timeline: GPS placement in 2008; Jones decision later required reassessment of GPS monitoring.
- Johnson moved to suppress all evidence tied to GPS, arguing Fourth Amendment violation; trial court denied suppression as to GPS evidence.
- On appeal, this court previously held no Fourth Amendment search by GPS placement; Ohio Supreme Court later remanded after Jones to apply Jones.
- Court ultimately applied a case-by-case good-faith analysis, concluding officers acted with an objectively reasonable good-faith belief and suppression was unwarranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the good-faith exception excludes GPS evidence. | Johnson: Davis requires suppression absent binding precedent. | State: Davis allows case-by-case good faith; binding precedent not required. | Yes; good-faith applies; evidence admitted. |
Key Cases Cited
- Knotts, 460 U.S. 275 (1983) (GPS beeper tracking on public roads not a search (no Fourth Amendment violation))
- Karo, 468 U.S. 705 (1984) (beeper in private residence requires warrant; distinction from road tracking)
- Davis v. United States, 131 S. Ct. 2419 (2011) (exclusionary rule not applied when police acted in objectively reasonable reliance on binding precedent)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception; deterrence considerations)
- Jones, 132 S. Ct. 945 (2012) (GPS monitoring constitutes a search under the Fourth Amendment)
- State v. Johnson, 190 Ohio App.3d 750 (2010) (pre-Jones GPS issue; GPS not a search; later remanded for Jones application)
- State v. Rich, 2013-Ohio-857 (2013) (binds Davis good-faith approach in Ohio/Johnson context)