State v. Metz

Citations

• 2019 Ohio 3370

Syllabus

R.C. 2981.11(A)(1) motion for return of property. Under R.C. 2981.11(A)(1), any property that has been seized pursuant to a search warrant, or otherwise lawfully seized and that is in the custody of a law enforcement agency shall be kept safely by the agency, pending the time it no longer is needed as evidence or for another lawful purpose. Based on the above statute, if an item is potentially needed for evidence or for some other lawful purpose, it may be held. Alternatively, if the item is no longer needed, it may be returned or otherwise disposed. Metz's direct appeal remains pending in this court and the cell phone is potential evidence should a new trial be ordered. As a result, Metz's cell phone, which is a piece of evidence that could be used during a potential retrial, may be held under R.C. 2981.11(A). Therefore, we find no abuse of discretion in the trial court's denial of Metz's motion for the return of his cell phone.