State v. Sullivan
2014 Ohio 1443
Ohio Ct. App.2014Background
- State and White were charged with multiple home invasions and related offenses in Franklin County; GPS was attached to Sullivan’s car without a warrant to track movements; GPS data led to a Ferguson Bayou targeted arrest and searches; trial court denied suppressing GPS evidence; Jones (2012) later cast doubt on warrantless GPS usage but did not resolve in this case; trial court ultimately granted suppression of GPS-derived evidence; State appeals asserting the GPS search was reasonable, automobile-excepted, or saved by good-faith; Court of Appeals affirms suppression and denial of the State’s assignments of error
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrantless GPS attachment/monitoring is a reasonable search | Sullivan: Jones governs; GPS is a search under Fourth Amendment | Sullivan: GPS attachment/monitoring is a Fourth Amendment search without warrant | GPS attachment/monitoring not reasonable without a warrant |
| Whether automobile exception justifies warrantless GPS attachment | Ortiz-like reasoning supports automobile exception | No probable cause or exigency; GPS not within auto exception | Automobile exception does not apply |
| Whether good-faith exception salvages the GPS evidence | Davis allows good-faith reliance on non-binding authority | No binding appellate precedent; good-faith exception not available | Good-faith exception does not apply; suppress evidence |
Key Cases Cited
- United States v. Jones, 132 S. Ct. 945 (2012) (GPS attachment/monitoring is a search under the Fourth Amendment)
- Knotts, 460 U.S. 276 (1983) (beeper analogy; limited privacy expectations when traveling in a vehicle)
- Karo, 468 U.S. 705 (1984) (beeper in a container; expanded privacy concerns with beepers)
- Place, 462 U.S. 696 (1983) (investigative detention of luggage; limits of reasonable expectation of privacy)
- T.L.O., 469 U.S. 325 (1985) (school searches; balancing privacy vs. school needs)
- Knights, 534 U.S. 112 (2001) (probation/search condition; reduced privacy interests)
- Samson, 547 U.S. 843 (2006) (parolee searches; diminished privacy and strong governmental interests)
- Jones, No. 132 S. Ct. 945 (2012) (see above (Jones))