State v. Gardner

{¶ 1} In this appeal, we consider whether an individual who is the subject of an outstanding arrest warrant forfeits all expectations of privacy protected by the Fourth Amendment to the U.S. Constitution and the Ohio Constitution, Article I, Section 19. We hold that he does not. We therefore affirm the decision of the court of appeals, which found error in the trial court’s decision denying a motion to suppress based solely on the notion that an arrest warrant “cleanses” any error by police in seizing an individual later found to be subject to the warrant, and we remand the cause to the trial…