State v. Simon

Dickinson, Presiding Judge.

The state has appealed from an order of the Summit County Court of Common Pleas that suppressed evidence seized at the home of defendant Donald R. Simon. It has argued that, although police officers entered defendant’s home without a warrant, the trial court incorrectly suppressed the evidence because the officers had a good faith belief that they were entering a common area, not defendant’s apartment. This court affirms the trial court’s judgment because the officers’ mistaken belief about the location of the defendant’s apartment entrance did not warrant an…