State v. Akron Airport Post No. 8975
Ohio Supreme Court
1Opinion of the CourtDahling, J.
Appellant has submitted two propositions of law relative to its argument that the court of appeals erred in reversing the judgment of the trial court which granted appellant’s motion to suppress.
These propositions are: (1) that under the facts of the instant case a search warrant was required; and (2) that R.C. 4301.10 does not allow a law enforcement officer, who does not have express authority from the Department of Liquor Control, to conduct a search as the one conducted herein.
Both propositions are with merit and are sustained.
Where there is no search warrant, the burden falls on the…
2Cases cited5 opinions
- Finn's Liquor Shop, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1969
- State v. WilliamsSupreme Court of New Jersey · 1980
- Solomon v. Liquor Control CommissionOhio Supreme Court · 1965
- Carter v. StateDistrict Court of Appeal of Florida · 1970
- Broadway Enterprise, Inc. v. Board of Liquor ControlOhio Court of Appeals · 1964
3Cited by56 opinions
- Stone v. City of StowOhio Supreme Court · 1992
- AL Post 763 v. Ohio Liquor Control CommissionOhio Supreme Court · 1998
- State v. VFW Post 3562Ohio Supreme Court · 1988
- State v. PennOhio Supreme Court · 1991
- Loyal Order of Moose Lodge No. 1473 v. Liquor Control CommissionOhio Court of Appeals · 1994
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