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v.
Clardy
IN THE COURT OF APPEALS
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY, OHIO
Judgment Appealed From Is: Reversed and Case Remanded
Date of Judgment Entry on Appeal: December 2, 2022
Joseph T. Deters, Hamilton County Prosecuting Attorney, and Ronald W. Springman, Chief Assistant Prosecuting Attorney, for Plaintiff-Appellant,
Raymond T. Faller, Hamilton County Public Defender, and Krista Gieske, Assistant Public Defender, for Defendant-Appellee.
OHIO FIRST DISTRICT COURT OF APPEALS
BOCK, Judge.
{¶1} Appellant-plaintiff state of Ohio appeals the trial court’s decision granting defendant-appellee Ronny Clardy’s motion to suppress evidence. We reverse the trial court’s judgment and remand this case to the trial court for further proceedings consistent with this opinion.
I. Facts and Procedure
{¶2} Clardy was on probation for a felony conviction from July 2018, for which he signed a form containing the rules of community control (“probation”).1 Paragraph nine of the probation rules states:
I am subject to search in accordance with Ohio Revised Code section
2951.02. The search includes, but is not limited to, the search of my person, place of residence, cell phone, purses and other packages.
{¶3} In February 2019, Clardy’s probation officer, Michael Schad, enlisted the assistance of Cincinnati Police Officers Gould and Rice, and other officers, to surveil Clardy because he suspected that Clardy was selling narcotics out of an apartment located on Montgomery Road. Clardy had not registered that address with the probation department. The officers stopped Clardy for allegedly performing a U- turn, and because the vehicle had illegally-tinted windows.
{¶4} Schad searched Clardy and found $340 in cash and a set of keys. After officers arrested Clardy, Schad used the keys to search the Montgomery Road
OHIO FIRST DISTRICT COURT OF APPEALS
OHIO FIRST DISTRICT COURT OF APPEALS
OHIO FIRST DISTRICT COURT OF APPEALS
OHIO FIRST DISTRICT COURT OF APPEALS
OHIO FIRST DISTRICT COURT OF APPEALS
OHIO FIRST DISTRICT COURT OF APPEALS
OHIO FIRST DISTRICT COURT OF APPEALS