State v. Weideman

Portage App. No. 98-P-0109. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Judgment Entry filed *1447 October 10, 2000, at page 2:

“Whether a stop and detention of a motorist by a police officer, who is beyond his or her jurisdictional limits, for an offense observed and committed outside the officer’s jurisdiction automatically constitutes a per se unreasonable seizure under the Fourth Amendment, thereby triggering the mandatory application of the exclusionary rule to suppress all evidence flowing from the stop.”

Cause consolidated with 00-2126, State v. Weideman, Portage App. No. 98-P-0109.

The conflict cases are State v. Filler (1995), 106 Ohio App.3d 731 , 667 N.E.2d 54 ; State v. Tennison (Apr. 14, 1989), Wood App. No. WD-88-41, unreported, 1989 WL 35534 ; State v. Brown (Apr. 16, 1999), Pickaway App. No. 98CA27, unreported, 1999 WL 259649 ; and State v. Hammons (Aug. 28, 1998), Montgomery App. No. 16931, unreported, 1998 WL 543363 .