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OH2: Delay of 3 mo. in arresting and then without an arrest warrant voided search incident on arrest

By John Wesley Hall, Jr.

Defendant’s arrest months after an offense, timed to protect the identity of an informant, was without a warrant, and there was no justification for doing without one. The prior offense was used as the reason for the current stop, and the product of that arrest is suppressed. State v. VanNoy, 2010 Ohio 2845, 2010 Ohio App. LEXIS 2324 (2d Dist. June 18, 2010): [*P26] According to the record, Detective Bell's testimony at the suppression hearing established that VanNoy was stopped in order to effectuate an arrest for drug trafficking offenses that had occurred several months before. Although Bell further testified that the delay was necessary to protect the identity of his confidential informant, nothing in Bell's testimony explains why the detective did not obtain an arrest warrant once he decided that he could arrest VanNoy without endangering his informant...continue to full post

Full post as published by Fourth Amendment on June 23, 2010 (boomark / email).