COLUMBUS, Ohio — The Ohio Supreme Court has upheld the use of evidence obtained by police who illegally enter a residence while executing a search warrant.
The court said in a 6-1 decision Tuesday that the “knock-and-announce” principle offers different protections than those in situations where police illegally enter a property without a search warrant.
Justice William O’Neill, writing for the majority, says the requirement that police announce their presence and explain their purpose is meant to protect residents surprised by the appearance of police.
O’Neill says throwing out evidence is the wrong response to police violation of that rule.
At issue was a 2012 search warrant executed in Boardman, in suburban Youngstown, during a drug investigation. Police battered down the door without saying they had a warrant.