State v. Bembry

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The Supreme Court affirmed the judgment of the court of appeals concluding that the exclusionary rule is not the appropriate remedy when police executing a valid search warrant violate the requirements of the knock-and-announce statute, Ohio Rev. Code 2935.12.The court of appeals reversed the judgment of the trial court granting Defendants’ motion to suppress all evidence obtained during the search of an apartment. The trial court found that police had violated section 2935.12 without any exigent circumstances justifying the violation. The Supreme Court agreed with the appellate court and remanded the cause to the trial court for further proceedings, holding that the exclusion of evidence is not the proper remedy for a violation of the knock-and-announce statute. View "State v. Bembry" on Justia Law