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STATE v. BEMBRY

No. 2016-0238.

151 Ohio St.3d 502 (2017)

2017-Ohio-8114

THE STATE OF OHIO, APPELLEE, v. BEMBRY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 10, 2017.

Attorney(s) appearing for the Case

Paul J. Gains , Mahoning County Prosecuting Attorney, and Ralph M. Rivera , Assistant Prosecuting Attorney, for appellee.

Louis M. DeFabio , for appellants.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, and Peter T. Reed and Hannah C. Wilson , Deputy Solicitors, urging affirmance for amicus curiae Ohio Attorney General Michael DeWine.

Ron O'Brien , Franklin County Prosecuting Attorney, and Steven L. Taylor , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Franklin County Prosecutor Ron O'Brien.

Timothy Young , Ohio Public Defender, and Katherine Ross-Kinzie , Assistant Public Defender, urging reversal for amicus curiae Ohio Public Defender.

FRENCH, J., dissents and would dismiss the cause as improvidently granted.

{¶ 1} In this appeal, we take up whether the exclusionary rule is the appropriate remedy when police executing a valid search warrant violate the requirements of the knock-and-announce statute, R.C. 2935.12. We conclude...

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