State v. Martin

Citations

• 2019 Ohio 4463

Syllabus

Warrantless search, R.C. 2953.21(H). Carpenter v. United States, 585 U.S. ____, 138 S.Ct. 2206, 2221, 201 L.Ed.2d 507 (2018), does not retroactively apply in the appellant's case because Carpenter held that warrantless searches are typically unreasonable where a search is undertaken by law enforcement officials to discover evidence of criminal wrongdoing. However, the police in Martin's case did not use the location of the cell phone to discover evidence of criminal wrongdoing, but to locate him. Appellant's petition is untimely and, therefore, not entitled to findings of fact and conclusions of law.