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OH2: Arrest without warrant where PC developed two months earlier led to suppression of search incident and subsequent search warrant for house

By John Wesley Hall, Jr.

The controlled buy from the defendant two months earlier was probable cause and there was no excuse for not having obtained an arrest warrant for his arrest. Therefore, the search incident to his arrest was void, and the exclusionary rule applied. The product of the search incident was used to get a search warrant, and that too was void as derivative evidence. State v. Anderson, 2011 Ohio 22, 2011 Ohio App. LEXIS 14 (2d Dist. January 7, 2011): [*P22] The State bears the burden of proving that it was impracticable to obtain an arrest warrant prior to the defendant’s arrest. VanNoy, at P25, citing Xenia v. Wallace (1988), 37 Ohio St.3d 216, 218. In this case, the State offered no explanation for the lapse of two months from the time of the second controlled buy until Anderson’s arrest...continue to full post

Full post as published by Fourth Amendment on January 10, 2011 (boomark / email).