State v. Banks-Harvey
Ohio Supreme Court
1Opinion of the CourtO'Neill, J.
*368{¶ 1} This case addresses whether a law-enforcement agency's policy that an arrestee's personal effects must accompany the arrestee to jail can, on its own, justify the warrantless retrieval of an arrestee's personal effects from a location that is protected under the Fourth Amendment to the United States Constitution. We conclude that it cannot. We further conclude that a search of personal effects obtained as a result of following such a policy is not a valid inventory search. We further conclude that in this case, the exclusionary rule applies to require the suppression of the evidence…
Also in this document: Dissent · O'Donnell; Concurring in the judgment; Dissent · O'Donnell.
2Cases cited52 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Katz v. United StatesSupreme Court of the United States · 1967
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- United States v. LeonSupreme Court of the United States · 1984
- Carroll v. United StatesSupreme Court of the United States · 1925
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3Cited by79 opinions
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- State v. MartinOhio Court of Appeals · 2019
- State v. BurkeOhio Court of Appeals · 2019
- State v. WithrowOhio Court of Appeals · 2022
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