State v. Klase

Citations

• 2019 Ohio 3392

Syllabus

The trial court did not err in granting defendant-appellee's motion to suppress. The officers' placement of appellee into custody under R.C. 5122.10, which authorizes an emergency commitment for a mental health evaluation, was not the equivalent of an arrest, and thus the officers did not lawfully conduct a search incident to a lawful arrest. The State failed to establish that the officer's opening of a closed Altoids container at the hospital was conducted pursuant to an established inventory policy. The good-faith exception to the exclusionary rule did not apply. Judgment affirmed. (Welbaum, J., dissenting.)