No. 19-8423
Response WaivedIFP
Tags: fourth-amendment good-faith good-faith-doctrine probable-cause probation-search reasonable-suspicion statutory-compliance warrantless-search warrants-clause
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy
FourthAmendment DueProcess CriminalProcedure Privacy
Latest Conference:
2020-05-28
Question Presented (from Petition)
Does a warrantless probation search conducted outside the scope of an authorizing state regulation and not authorized by a condition of probation, and in the absence of exigent circumstances, violate the Fourth Amendment?
Does the good faith doctrine excuse a probation officer's decision to conduct a probation search due to his mistaken interpretation of Ohio Rev. Code Ann. § 2951.02, which authorizes probation searches when notice is provided?
Question Presented (AI Summary)
Does a warrantless probation search conducted outside the scope of an authorizing state regulation and not authorized by a condition of probation, and in the absence of exigent circumstances, violate the Fourth Amendment?
Docket Entries
2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-05-11
Waiver of right of respondent Ohio to respond filed.
2020-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2020)
Attorneys
Christopher Gies
David Henry Hoffmann — Hamilton County Public Defender., Petitioner
Ohio
Scott Matthew Heenan — Hamilton County Prosecutor's Office, Respondent