State v. Perkins

Since the trial court’s ruling on the motion to suppress in the case sub judice, the Supreme Court has adopted the ultimate or inevitable discovery exception to the Exclusionary Rule in Nix v. Williams (1984),_U.S--- 81 L. Ed. 2d 377. The prosecuting attorney herein, on behalf of the state of Ohio, petitions this court to recognize the exception and hold it applicable to the facts before us. While a majority of the appellate court below failed to address the Nix holding, we believe the prosecutor’s request is warranted under the facts as presented.

The Exclusionary Rule has historically…