State failed to meet its burden at a motion to suppress hearing

December 5, 2011

"The state is the party with the burden to demonstrate in the case of warrantless police stops that the police officer had reasonable suspicion for the stop. Terry v. Ohio (1968), 392 U.S. 1, 21." A Columbiana County Defendant sufficiently put the State on notice that he was challenging the initial stop at the suppression hearing. So the state failed to meet its burden to show that the stop was valid because it failed to present any evidence to justify the stop. The Court of Appeals for the Seventh Appellate District ruled that any evidence found as a result of the stop should have been suppressed as you can read in State v. Burnette, 2011-Ohio-6400, here.


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