Expectation of Privacy

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What’s On Their Minds: Expectation of Privacy in a Hospital: Should Personal Items Seized Without a Warrant from a Suspect’s Hospital Room Be Suppressed? State of Ohio v. Jacob LaRosa

By Marianna Bettman on March 9, 2021

Update: On November 18, 2021 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here

“You are saying a third party can’t just hand the government its own property?”

Justice Fischer to counsel for LaRosa

“Why wasn’t it reasonable to secure a warrant for the seizure of the…

Merit Decision. “The Fourth Amendment Does Not Countenance Post Hoc Rationalization.” An Outstanding Arrest Warrant Doesn’t “Cleanse” An Earlier Bad Detention. State v. Gardner.

By Marianna Bettman on December 13, 2012

Update: Read what happened to this case on remand here.

On December 6, 2012, the Supreme Court of Ohio handed down a merit decision in State v. Gardner, 2012-Ohio-5683. This is a honey of a decision, authored by Chief Justice O’Connor for a unanimous (yes!) Court. The Court held that it is error…

Merit Decision on the Exclusionary Rule. State v. Gould.

By Marianna Bettman on January 20, 2012

The Supreme Court of Ohio has handed down a merit decision in State v. Gould, 2012-Ohio-71. The issue is whether a warrantless search of abandoned property is permissible under the Fourth Amendment.

After being laid off from his job, Dennis Gould moved in with his mother, Sharon Easterwood, in Toledo. While living there, he…