STATE v. BURKHOLDER

No. 83-1959.

12 Ohio St. 3d 205 (1984)

THE STATE OF OHIO, APPELLANT, v. BURKHOLDER, APPELLEE.

Supreme Court of Ohio.

Decided July 25, 1984.


Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Ms. Sharon L. Ovington, for appellant.

Mr. Kurt R. Portmann, Mr. Ellis Jacobs and Mr. David P. Williamson, for appellee.


SWEENEY, J.

The critical issue posed by this appeal is one of first impression before this court, and involves important constitutional considerations. We must decide whether evidence obtained in an unreasonable or unlawful search and seizure, while inadmissible in a trial, is nevertheless admissible in a subsequent probation revocation proceeding. Stated differently, we must determine whether the exclusionary rule is applicable in a probation revocation proceeding...

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