No. 19-8423

Christopher Gies v. Ohio

Lower Court: Ohio
Docketed: 2020-05-08
Status: Denied
Type: IFP
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
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 HoffmannHamilton County Public Defender., Petitioner
Ohio
Scott Matthew HeenanHamilton County Prosecutor's Office, Respondent