Legal Opinion

State v. Funk

Ohio Court of Appeals

Decided August 7, 2008No. 07CA3005PublishedCited by 3 opinions

1Opinion of the Court

Kline, Judge.

{¶ 1} Gregory A. Funk appeals the judgment of the Chillicothe Municipal Court, overruling his motion to suppress the results of a chemical test of his urine, which was taken to determine the alcohol content in his body. On appeal, Funk contends that the trial court erred when it overruled his motion to suppress by finding that the Fourth Amendment is not implicated because Funk abandoned his urine during his hospitalization when hospital staff inserted a catheter into Funk to collect his urine. An employee put the urine from the catheter into a plastic container with the purpose…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  4. Minnesota v. CarterSupreme Court of the United States · 1999
  5. California v. GreenwoodSupreme Court of the United States · 1988

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3Cited by3 opinions

  1. Miller v. IDAHO STATE PATROLIdaho Supreme Court · 2011
  2. State v. ClarkOhio Court of Appeals · 2014
  3. Broderick Darnell McCoy v. State of AlabamaCourt of Criminal Appeals of Alabama · 2023

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