City of Cleveland v. Shields

Spellacy, Presiding Judge.

Plaintiff-appellant, the city of Cleveland (“Cleveland”), appeals the granting of defendant-appellee Annett Shields’s motion to dismiss. Shields had been charged with resisting arrest.

Cleveland assigns the following error upon appeal:

“The trial court erred by granting appellee’s motion to dismiss based on a warrantless entry into a home to make a felony arrest when exigent circumstances justified the entry.”

Finding the assignment of error to have merit, the judgment of the trial court is reversed.

I

On February 5, 1994, Mark Mazur, a Cleveland Police Officer assigned…