29 Ohio Misc. 71 | Oh. Ct. Com. Pl., Columbiana | 1971
The court rules that the constitutional amendment on unlawful searches and seizures does apply to the adults and therefore must meet the law as expressed by the Supreme Court of the United States and Ohio, on the question of illegal searches and seizures.
Coming now to the most important question: does the constitutional amendment against unlawful searches and seizures, apply to the three juveniles, Morris, Lanam and Powell? The Juvenile Act provides that a child cannot commit a crime, but can only become a delinquent child or an unruly child or a traffic violator. The Juvenile Act also states, and has been ruled on many times, to be a civil action. All the quotations made here were based on the adult criminal code. The criminal provisions of the code does not apply to juveniles and the court so rules. How
Therefore, the court rules that the matter of unlawful searches and seizures under the Fourth Amendment of the Consititution of the United States, would apply to the juveniles. Specifically, however, the court denies number one, at this time, since there is no evidence before this court about any of the statements, oral or written, of the children or of the adults charged herein and therefore, has no evidence to rule upon. This would develop, if it does at all, during the course of the trial. As to number two, the court has laid down general principles that any physical evidence to be used as evidence, must be that which is derived legally and in conformity with the Fourth Amendment of the Constitution of the United States. However, at this time, the court cannot suppress any evidence because there has been no testimony on this matter.
On number three, the court feels and rules that the burden of proving the unlawful searches and seizures is
Matter continued to November 4, 1971, at 1:00 p. m.