State v. McGee, 996 N.E.2d 1048

February 21, 2009 double shooting at 945–946 Delaware in Youngstown; shell casings and footprints indicated a shootout between groups.
McGee and Clinkscale, both wounded, arrived at the hospital; McGee provided statements contradicting or implicating after interviewing by police.
McGee transported from hospital to police department while still in hospital gown for interview; gunshot residue (GSR) test performed; second incriminating statements given.
February 26, 2009 grand jury indicted McGee and Clinkscale on murder and improperly discharging a firearm at or into a habitation.
McGee moved to suppress inculpatory statements (2009 motion); 2010 suppression hearing; trial court held he was arrested without probable cause and his statements were involuntary; second suppression motion (2012) sought suppression of GSR and seizure of clothing; court sustained.
Appeal followed; issue centered on transcript filing and application of the good-faith exception to the exclusionary rule; appellate court ultimately affirmed, noting transcript filing defects and, even if considered, the outcome would be the same.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether McGee’s statements were admissible given arrest with no probable cause and voluntariness.	State argued good-faith exception to exclusionary rule should apply.	McGee contends no arrest with probable cause and statements were involuntary.	No reversal; statements suppressed; good-faith exception not applicable.
Whether the gunshot residue and related seizure of clothing were properly suppressed.	State contends exceptions to the warrant requirement justify evidence.	McGee maintained evidence was unlawfully seized without valid arrest or consent.	Affirmed suppression; no valid arrest/probable cause for seizure.
Whether the transcript of the November 2, 2010 suppression hearing was properly filed and part of the appellate record.	State attached a transcript to the merit brief; argues it supports issues.	McGee argues the transcript was not properly filed and thus not part of record.	Transcript not properly filed; appeal not dismissed but record insufficient; result affirmed even if considered.

State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (established mixed standard for suppression review; exceptions to warrantless searches discussed)
Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (need for proper transcript to review assignment of error; presumption of validity if missing transcript)
State v. Mills, 62 Ohio St.3d 357 (1992) (fact-finding by trial court; appellate review of suppression findings)
State v. Fanning, 1 Ohio St.3d 19 (1982) (competent evidence standard for reviewing suppression findings)
State v. McNamara, 124 Ohio App.3d 706 (1997) (independent legal standard after factual findings in suppression review)
U.S. v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule when reliance on warrant was objectively reasonable)
State v. Day, 19 Ohio App.3d 252 (1984) ( Fifth Dist. approach to good-faith exception where no warrant; later criticized on rationale)
State v. Gunzenhauser, 2010-Ohio-761 (5th Dist. 2010) (narrow good-faith exception for mistakes of law in stops; not adopted here)
State v. Akron Airport Post No. 8975, 19 Ohio St.3d 49 (1985) (enumerates warrant exceptions to search/seizure)
State v. Day (Greer line), 144 Ohio App.3d 735 (2001) (narrow exceptions to exclusionary rule for mistakes of law in stops)