Outstanding Arrest Warrant

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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…

What’s On Their Minds: What is the Effect of an Outstanding Arrest Warrant on Evidence Obtained from an Earlier Allegedly Unlawful Detention of the Defendant? State v. Damaad Gardner.

By Marianna Bettman on October 11, 2012

Update: On December 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.

On September 26, 2012, the Supreme Court of Ohio heard oral argument in the case of State v. Damaad Gardner, 2011-2134. The issue in this case is whether an outstanding arrest warrant deprives the…

Oral Argument Preview: What is the Effect of an Outstanding Arrest Warrant on Evidence Obtained from an Earlier Allegedly Unlawful Detention of the Defendant? State v. Damaad Gardner.

By Marianna Bettman on September 23, 2012

Update: On December 6, 2012, the Supreme Court handed down a merit decision in this case. Read the analysis here.

Read the analysis of the oral argument in this case here.

On September 26, 2012, the Supreme Court of Ohio will hear oral argument in the case of State v. Damaad Gardner, 2011-2134. This…