The Ohio Supreme Court tossed criminal drug evidence found in a backpack with a baggie stuck in its zipper because police went too far with a warrantless search.
A warrant was necessary because a backpack—even one with a baggie poking out —doesn’t qualify for a “single-purpose-container” exception to Fourth Amendment protections, the unanimous court ruled Tuesday.
While executing an arrest warrant for Kennedy Burroughs, police allegedly saw evidence of drug use in a home and the defendant grabbing baggies. Inside the home police allegedly found the suspicious-looking backpack, which one officer opened and found marijuana inside.
The trial court denied ...
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