State v. Ivery

Citations

• 2023 Ohio 3495

Syllabus

FOURTH AMENDMENT– CONSENSUAL ENCOUNTER – SEARCH AND SEIZURE – MOTION TO SUPPRESS: The trial court did not err in granting defendant's motion to suppress evidence resulting from a warrantless search where the record showed police officer had no lawful basis to stop defendant and, even assuming encounter between police and the defendant began consensually, officer continued following and attempting to engage defendant after defendant repeatedly attempted to walk away. Affording due deference to the trial court's factual finding that the consensual nature of the encounter ended before defendant's unprompted flight, the trial court did not err in finding officer's continued pursuit of defendant constituted an unlawful detention and ordering all evidence from officer's warrantless search of defendant's person be suppressed as \fruit of the poisonous tree.\ Further, officer's continued attempts to prolong the encounter did not fall within the good faith exception to the exclusionary rule. Judgment affirmed.