OH7 follows Hudson; failure to knock-and-announce doesn’t warrant suppression

A failure to properly knock-and-announce an entry does not warrant suppression, following Hudson v. Michigan. State v. Bembry, 2015-Ohio-5598, 2015 Ohio App. LEXIS 5397 (7th Dist. December 30, 2015). [Yes, just now on Lexis.]

The motion to suppress is denied on the papers without a hearing based on the papers attached as an offer of proof. There was probable cause for an automobile exception search. United States v. Cuevas, 2016 U.S. Dist. LEXIS 63009 (S.D.N.Y. May 12, 2016).* [Obviously the law clerks make this review; the USDJ doesn’t have time. In this district, the DJs decide these motions; they aren’t referred to USMJs.]

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