Legal Opinion · Dissent

State v. Davis

Ohio Court of Appeals

Decided June 30, 2017No. 27202Published

1DissentHall, P.J.

{¶ 47} In my opinion, officer Perdue had probable cause to arrest Barbara Davis upon learning she had provided false identifying information even if, because of technical nuance, the evidence may have been insufficient at trial to sustain a conviction. Incident to that arrest, the cocaine in her purse was discovered and was admissible.

{¶ 48} Initially, I agree with the State that the defense did not adequately raise *206in its suppression motion any issue about probable cause to arrest Davis. Furthermore, "there was no suggestion in Davis' motion * * * that the status of the Good Samaritan…

2Cases cited8 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Heien v. North CarolinaSupreme Court of the United States · 2014
  3. State v. AdamsOhio Court of Appeals · 2011
  4. State v. TurnerOhio Court of Appeals · 2016
  5. State v. EtheringtonOhio Court of Appeals · 2007

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