2014 Ohio 392
Ohio Ct. App.2014Background
- Scott was mistakenly linked to a first-degree felony arrest warrant for Wiley after a December 19, 2012 arrest and released the same day.
- Hours later, he reported identity fraud related to the mistaken warrant; the error was not corrected.
- On January 17, 2013, LEADS again tied Scott to the same warrant, leading to a second arrest.
- During the January 17 stop, officers conducted a pat-down and recovered drugs.
- The trial court denied suppression; on appeal, the court held the second arrest was obtained in violation and suppressed the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression of evidence from the January 17, 2013 arrest was proper | Scott | Scott | suppression affirmed |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good faith exception to the exclusionary rule)
- Herring v. United States, 555 U.S. 135 (U.S. 2009) (reckless or negligent record-keeping may defeat good faith)
- Mapp v. Ohio, 367 U.S. 643 (U.S. 1961) (exclusionary rule applies to unlawful searches)
- Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard for reviewing suppression rulings (de novo on law))