OH12: Def was detained without RS and search for arrest on outstanding warrant should have been suppressed

Defendant was detained by three officers and told to wait in her van while one ran her name. The detention lacked reasonable suspicion, and search incident to the arrest for an outstanding warrant was unreasonable and should have been suppressed. (Strieff not cited.). State v. Keating, 2020-Ohio-2770, 2020 Ohio App. LEXIS 1745 (12th Dist. May 4, 2020) (2-1). As to alternative grounds (e.g., right result, wrong reason), the court said:

[*P24] In reviewing the record to determine whether there is some evidentiary basis to justify resolving this case upon a legal theory not advanced below, we must be cognizant of the burdens of production and proof in proceedings upon motions to suppress. This case involves a warrantless seizure of the person. In such cases, it is the state which bears the burdens of production and proof. See State v. Denune, 82 Ohio App.3d 497, 505, 612 N.E.2d 768 (12th Dist.1992). Thus, if the record is ambiguous or lacking upon an issue for which the state bears the burden of production and proof, that ambiguity or omission must be resolved against the state.

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