No. 19-8651

Kevin Remillard v. Ohio

Lower Court: Ohio
Docketed: 2020-06-10
Status: Denied
Type: IFP
IFP
Tags: fourteenth-amendment fourth-amendment motion-to-suppress personal-papers probable-cause search-warrant warrantless-search welfare-check
Latest Conference: 2020-09-29
Question Presented (from Petition)

The Police entered Mr. Remillard's locked home and bedroom without a search warrant.
The Police had reason to believe Mr. Remillard may have committed suicide so they entered the
locked home throug h an unlocked window to determine Mr. Remillard's welfare.
A search of the first floor of his small home revealed no dead or wounded person; a
search of his second floor bedroom revealed no dead or wounded person.
While in the bedroom, an officer decided to seiz e and read several pag es of handwritten
personal papers. Eventually it was determined the handwritten documents were Mr. Remillard's.
After reading these personal papers, the officer decided every thing chang ed "drastically " and this
welfare check turned into a homicide investig ation based solely on the contents of the Mr.
Remillard's handwritten personal papers. The warrantless search justified by a welfare check was
not strictly circumscribed as required by law. L aw enforcement did not have a blank check to
read the personal papers found in Mr. Remillard's bedroom.
Does the F ourth and F ourteenth Amendment of the federal Constitution require the Police
to obtain a search warrant or otherwise have probable cause of a crime to seiz e and search the
personal handwritten papers found in one's bedroom when it is conducting a welfare check?
If so, does the Six th and F ourteenth Amendment require defense counsel to challeng e by
a Motion to Suppress Evidence the warrantless seiz ure and search of the personal papers?

Question Presented (AI Summary)

Does the Fourth and Fourteenth Amendment require a search warrant or probable cause to seize and search personal papers during a welfare check?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-14
Reply of petitioner Kevin Remillard filed.
2020-07-09
Brief of respondent State of Ohio in opposition filed.
2020-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2020)

Attorneys

Kevin Remillard
John Patrick Parker — Petitioner
State of Ohio
Charles Terrence McConvilleKnox County Prosecuting Attorney, Respondent