2020 Ohio 689
Ohio Ct. App.2020Background:
- Homeowners discovered a burglary where a safe with $40,000 was taken; only one entry/exit (a broken rear window) suggested the burglar knew the safe’s location.
- Victims identified two people who knew the safe’s location: their son Michael and godson Demarco Daniels; Michael’s phone records showed calls around the burglary time.
- A neighbor reported seeing a crème-colored Chrysler near the house; victims identified the car as belonging to “Dre” (LeAndre Jordan). Police located the Chrysler at Jordan’s workplace and confirmed Jordan drove or used that car from surveillance and phone-call links between Michael and Jordan.
- Eight days later Detective Longworth arrested Jordan in public (no warrant) as Jordan walked to a different car; officers found keys on Jordan and obtained a search warrant for his residence, where drugs, cash, a scale, and a pistol were seized.
- Jordan moved to suppress the residence evidence, arguing the warrantless arrest lacked probable cause; the trial court denied suppression (partly relying on post-arrest admissions). On appeal the court excised post-arrest statements but found remaining evidence sufficient for probable cause and affirmed denial of the motion to suppress.
- At sentencing the court orally imposed a three-year driver’s-license suspension but the written judgment mistakenly stated five years; the state conceded the clerical error and the court remanded for a nunc pro tunc correction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jordan’s warrantless public arrest was supported by probable cause so as to admit fruits of the ensuing search | Probable cause existed based on phone records, interviews (victims, neighbor, Michael), officer surveillance linking Jordan to the suspicious vehicle and Michael | Arrest lacked probable cause and relied improperly on post-arrest admissions; no warrant and no exigency warranted the arrest | Affirmed: Even excluding post-arrest admissions police had probable cause; a warrantless public arrest supported by probable cause is lawful without exigency per controlling Ohio precedent |
| Whether the sentencing entry’s license-suspension term should be corrected to match the oral sentence | The state conceded the written five-year suspension was a clerical error | Jordan sought correction to reflect the three-year suspension pronounced at sentencing | Sustained: remanded for a nunc pro tunc entry to correct the clerical error to three years |
Key Cases Cited
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (fruit of the poisonous tree doctrine)
- United States v. Watson, 423 U.S. 411 (U.S. 1976) (warrantless public-arrest rule when supported by probable cause)
- State v. Brown, 115 Ohio St.3d 55 (Ohio 2007) (Ohio follows Watson: warrantless public arrest with probable cause does not violate Fourth Amendment)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause is a practical, common-sense standard requiring probability of criminal activity)
- State v. Heston, 29 Ohio St.2d 152 (Ohio 1972) (older Ohio decision requiring exigency for warrantless arrests; discussed and treated as inconsistent with later precedent)