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OH2: Outstanding arrest warrant obviates a Terry violation

By John Wesley Hall, Jr.

"[A]n outstanding arrest warrant deprives its subject of the reasonable expectation of privacy the Fourth Amendment protects, the exclusionary rule does not apply to a search and seizure of the subject that would otherwise be illegal because of a Terry violation. State v. Walker-Stokes, 2008 Ohio 6552, 2008 Ohio App. LEXIS 5454 (2d Dist. December 12, 2008) (overruling two cases). Arrest warrant issued after judge reviewed "the file" which included sufficient facts to find probable cause was valid. State v. Wenke, 276 Neb. 901, 2008 Neb. LEXIS 177 (December 12, 2008).*

Full post as published by Fourth Amendment on December 16, 2008 (boomark / email).