State v. Morrow

Citations

• 2020 Ohio 3390

Syllabus

The trial court did not err in denying appellant's motion to suppress drug and gun evidence seized from appellant's apartment. Police were called to the scene to investigate a report of aggravated menacing and criminal damaging. A resident of the apartment building let police in through a secured front door. The resident did not recognize the victim's description of the suspect, but directed police to a new tenant on the second floor (appellant). Officers' knock and advise encounter at appellant's door was a consensual encounter until an officer ordered appellant to open the door, at which point it became an investigatory detention that was justified under the circumstances. Appellant opened the door with a gun pointing at the officer, whereupon the officer shot him. Entry of officers to ensure appellant was disarmed and to render aid was justified by exigent circumstances. Contraband later seized in conjunction with a search warrant was not subject to exclusion. Judgment affirmed. (Tucker, P.J., concurring.) (Donovan, J., dissenting.)