Cleveland v. Kirby

Citations

• 2025 Ohio 1663

Syllabus

Motion for return of seized property; R.C. 2981.03(A)(4); hearing; preponderance of the evidence; unlawfully seized; entitled to return of property; R.C. 2981.11; property in custody of law enforcement agency; lawfully seized; no longer needed as evidence or for another lawful purpose. The trial court erred in granting appellee's motion to return property following dismissal of the case. Appellee did not demonstrate by a preponderance of the evidence that the property had been unlawfully seized or that she was entitled to its return. The seized property was lawfully retained under R.C. 2981.11.