OH follows Hudson on knock-and-announce under state constitution

The Ohio Supreme Court follows Hudson under the state constitution and holds that a violation of knock-and-announce does not justify suppression of the search. The state constitution has been applied more broadly than the Fourth Amendment on occasion, but not here. State v. Bembry, 2017-Ohio-8114, 2017 Ohio LEXIS 2039 (Oct. 10, 2017).

The use of force was objectively reasonable under the Fourth Amendment because it was reasonable for the officer to shove the father aside so he could deal with the daughter, who was refusing to drop her gun while approaching an officer, and it was also not unconstitutional for the deputy to take control of the daughter, who had shown a willingness to hold onto her gun when told to drop it. Hamilton v. Roberts, 2017 U.S. App. LEXIS 19813 (11th Cir. Oct. 11, 2017).*

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