Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Officer's failure to show that defendant was the person CI was talking to was a failure of probable cause that even good faith exception would not save

By John Wesley Hall, Jr.

The trial court properly granted the motion suppress because the CI never could complete a sale from the defendant and there was no way to corroborate that the defendant was the person the CI was talking to on the telephone. Moreover, the good faith exception did not save the search. State v. Alexander, 2008 Ohio 2665, 2008 Ohio App. LEXIS 2244 (8th Dist. June 2, 2008): [*P27] Here, contrary to the State's assertion, the trial court determined whether the police had reasonable suspicion in their initial approach of Alexander, and found "that the police lacked reasonable suspicion or cause to arrest [Alexander] on November 6, 2006, or seize any property." Upon review, we find that under the facts of this case, the trial court's finding of lack of reasonable suspicion was proper...continue to full post

Full post as published by Fourth Amendment on June 10, 2008 (boomark / email).