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OH8: Dispatch report of stolen car supported stop in good faith, and, under Herring, the evidence should not be excluded

By John Wesley Hall, Jr.

Defendant was stopped because the car came back stolen from dispatch, but it wasn’t stolen. Under Herring, the stop was in good faith, and there would be no deterrence, so the exclusionary rule would not be applied. State v. Geiter, 2010 Ohio 6017, 2010 Ohio App. LEXIS 5064 (8th Dist. December 9, 2010)*: [*P42] “At its core, the good faith exception recognizes that the purpose of the exclusionary rule, to deter unlawful police conduct, cannot be furthered by excluding evidence seized by an officer who had reasonable grounds to believe the search warrant was properly issued. See Leon at 919, 923. Thus, ‘evidence should be suppressed only if it can be said that the law enforcement officer had knowledge, or may be properly charged with knowledge, that the search was unconstitutional under the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on December 18, 2010 (boomark / email).