Summary
The Ohio Supreme Court held that Article I, Section 14 of the Ohio Constitution provides greater protection than the Fourth Amendment against warrantless arrests for minor misdemeanors. Because Brown was arrested for jaywalking without any applicable exception under R.C. 2935.26, the arrest violated the Ohio Constitution, and crack cocaine discovered in the ensuing search had to be suppressed. The court affirmed the judgment of the court of appeals.
Topics
Practice areas
Questions Presented
- Whether Section 14, Article I of the Ohio Constitution provides greater protection than the Fourth Amendment against a warrantless custodial arrest for a minor misdemeanor when none of the exceptions in R.C. 2935.26 applies.
- Whether crack cocaine discovered during a search incident to that unlawful arrest must be suppressed under the exclusionary rule.
Holdings
- Section 14, Article I of the Ohio Constitution provides greater protection than the Fourth Amendment against warrantless arrests for minor misdemeanors. Absent one of the exceptions specified in R.C. 2935.26, a full custodial arrest for a minor misdemeanor violates the Ohio Constitution.
- Crack cocaine discovered during the custodial search incident to Brown's arrest must be suppressed because the arrest violated Section 14, Article I of the Ohio Constitution.
Key quotations
“Today we are asked to decide whether an arrest for a minor misdemeanor violates the Fourth Amendment of the United States Constitution and Section 14, Article I of the Ohio Constitution in light of Atwater.” (at 325)
“We hold that Section 14, Article I of the Ohio Constitution provides greater protection than the Fourth Amendment to the United States Constitution against warrantless arrests for minor misdemeanors” (at 325)
“Brown was arrested for a minor misdemeanor offense when none of the R.C. 2935.26 exceptions were applicable, and thus, the arrest violated Section 14, Article I of the Ohio Constitution. Accordingly, the evidence seized in the search incident to that arrest must be suppressed.” (at 327)
Factual background
An undercover detective believed Brown was attempting to sell narcotics after Brown waved, whistled, yelled, and stepped into the roadway. Uniformed officers stopped Brown for jaywalking, and when an officer attempted to pat him down, Brown struggled with the officers. Brown was arrested for jaywalking, a minor misdemeanor, and a custodial search incident to the arrest uncovered crack cocaine. None of the statutory exceptions authorizing a custodial arrest for a minor misdemeanor applied.
Procedural history
Brown was indicted in the Montgomery County Court of Common Pleas for possession of crack cocaine. The trial court initially denied his motion to suppress based on Atwater v. Lago Vista, but on reconsideration sustained the motion, concluding that State v. Jones remained controlling under the Ohio Constitution. The court of appeals affirmed, and the Supreme Court of Ohio accepted the State's discretionary appeal.