State v. Clark

Citations

• 2026 Ohio 447

Syllabus

criminal trespass; with a 4th-degree misdemeanor, a law enforcement officer has discretion whether to the defendant a summons or arrest him or her; motion to suppress evidence; mixed question of law and fact; de novo; competent credible evidence; 4th Amendment of the United States Constitution; Article I, Section 14 of the Ohio Constitution; warrantless search; exclusionary rule; handcuffing; investigative detention; arrest; elements of arrest include: (1) intent to arrest, (2) real or pretended authority, (3) accompanied by actual or constructive seizure, and (4) person under arrest understood he or she was under arrest; when an arrest occurs may be determined by: (1) whether the officers touched the individual; (2) whether the officers displayed a weapon; (3) whether the officers handcuffed the individual; and (4) the type of words spoken by the police officer; determining when an arrest occurs requires consideration of the totality of the circumstances under an objective standard; inventory search