STATE v. GARDNER

No. 2011-2134.

135 Ohio St.3d 99 (2012)

2012-Ohio-5683

THE STATE OF OHIO, Appellant, v. GARDNER, Appellee.

Supreme Court of Ohio.

Decided December 6, 2012.


Attorney(s) appearing for the Case

Matthias H. Heck Jr. , Montgomery County Prosecuting Attorney, and Carley J. Ingram and Andrew T. French , Assistant Prosecuting Attorneys, for appellant.

Marlow & Neuherz, L.L.C., and Rebekah S. Neuherz , for appellee.

Lewis R. Katz ; Timothy Young , Ohio Public Defender, and Stephen Hardwick , Assistant Public Defender; and Robert L. Tobik , Cuyahoga County Public Defender, and John T. Martin , Assistant Public Defender, urging affirmance on behalf of amici curiae, Professor Lewis R. Katz , Office of the Ohio Public Defender, and Office of the Cuyahoga County Public Defender.


O'CONNOR, C.J.

{¶ 1} In this appeal, we consider whether an individual who is the subject of an outstanding arrest warrant forfeits all expectations of privacy protected by the Fourth Amendment to the U.S. Constitution and the Ohio Constitution, Article I, Section 19. We hold that he does not. We therefore affirm the decision of the court of appeals, which found error in the trial court's decision denying a motion to suppress based solely...

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