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OH reaffirms that minor misdemeanor arrest does not justify a search of the person

By John Wesley Hall, Jr.

Minor misdemeanor arrest does not justify a search of the person in Ohio. State v. Golly, 2008 Ohio 447, 2008 Ohio App. LEXIS 407 (8th Dist. February 7, 2008): [*P16] As recognized by one court, "A violation of the open-container statute, R.C. 4301.62, is punishable as a minor misdemeanor. While the protections of the Ohio and the federal constitutions against warrantless and unreasonable seizures and searches are generally coextensive, see State v. Robinette, 80 Ohio St.3d 234, 245, 1997 Ohio 343, 685 N.E.2d 762, in State v. Brown, 99 Ohio St. 3d 323, 2003 Ohio 3931, 792 N.E.2d 175, syllabus, the Ohio Supreme Court held that the Ohio Constitution provides a greater protection than the Fourth Amendment 'against warrantless arrests for minor misdemeanors...continue to full post

Full post as published by Fourth Amendment on February 10, 2008 (boomark / email).