Merit Decision. “The Fourth Amendment Does Not Countenance Post Hoc Rationalization.” An Outstanding Arrest Warrant Doesn’t “Cleanse” An Earlier Bad Detention. State v. Gardner.
Update: Read what happened to this case on remand here. On December 6, 2012, the Supreme Court of Ohio handed down a merit decision in State v. Gardner, 2012-Ohio-5683. This is a honey of a decision, authored by Chief Justice … Continue reading →