Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted September 15, 2009.
Decided December 15, 2009.
Attorney(s) appearing for the Case
Stephen K. Haller, Greene County Prosecuting Attorney, and Elizabeth A. Ellis, Assistant Prosecuting Attorney, for appellee.
Timothy Young, Ohio Public Defender, and Craig M. Jaquith, Assistant Public Defender, for appellant.
John D. Ferrero, Stark County Prosecuting Attorney, and Kathleen O. Tatarsky, Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.
Jeffrey M. Gamso, Legal Director, and Carrie L. Davis, Staff Attorney, urging reversal for amicus curiae American Civil Liberties Union of Ohio Foundation, Inc.
Supreme Court of Ohio.
LANZINGER, J.
{¶ 1} In this appeal concerning the scope of federal protection against unreasonable searches and seizures, we are asked to determine whether the Fourth Amendment to the United States Constitution prohibits the warrantless search of data within a cell phone when the phone is lawfully seized incident to an arrest. Given the particular facts of this case, we hold that the trial court improperly admitted the call record and phone numbers...
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