Trial Court Erred When it Overruled a Motion to Suppress

March 31, 2006
By Robert Alan Brenner on March 31, 2006 6:19 PM |

So said Ohio's Second District Court of Appeals.  Police collected drugs and drug paraphernalia in a dorm room after Resident Assistants discovered marijuana after a search they were conducting before Homecoming.  While the search by the Resident Assistants did not implicate the Fourth Amendment (since they were acting solely as private citizens), the police violated the Fourth Amendment when they entered the dorm room without a warrant to retrieve the contraband the Resident Assistants collected.  Upon remand, the charges were dismissed by the State.  You can see the decision by clicking here.