Does Outstanding Arrest Warrant Deprive Suspect of Ability To Seek Exclusion of Evidence From Alleged Unlawful Search?
When Police Conduct Search Before They Discover Outstanding Warrant
State of Ohio v. Damaad S. Gardner, Case no. 2011-2134
Second District Court of Appeals (Montgomery County)
ISSUE: When there is an outstanding warrant for the arrest of a person at the time he is detained and searched by police, but the police are not aware of the warrant and do not base the detention or search on it, does the existence of the warrant deprive the arrested person of any “expectation of privacy” and therefore preclude him from asserting a claim that his detention and search were unconstitutional?