Opinion

State v. Higgins

  • 183 Ohio App. 3d 465
  • 917 N.E.2d 363
Court
Ohio Court of Appeals
Filed
Aug 6, 2009
Status
Published
Author
Wise
On the bench
Delaney, Edwards, Wise
Cited by
7 cases

The opinion

Wise, Presiding Judge,

concurring.

{¶ 60} I concur with the decision of the majority reversing the trial court’s grant of appellee’s motion to suppress. I write separately only to caution that although there is a clear interest in preventing contraband from entering jails and prisons, and that the state’s authority to search or seize visitors at a penal institution is broad, such authority is not absolute, even where warning signage is posted. For example, constitutional challenges may be cognizable based on discriminatory-profiling or improper-randomness standards. Thus, each Fourth Amendment claim in this arena must remain subject to a case-by-case review, as has been duly accomplished herein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.