Ohio Supreme Court: Warrantless arrest in Cincinnati did not violate rights

Briana Rice
Cincinnati Enquirer
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A Cincinnati case was before the Ohio Supreme Court on Tuesday but the judge rejected the claim.

LeAndre Jordan claimed that his arrest as he left a Cincinnati cellphone store was unconstitutional because police did not have an arrest warrant. Officers suspected Jordan was involved in a burglary eight days earlier.

Once an officer has probable cause to believe that a suspect committed a felony, a warrantless arrest in public is constitutional, even if there was sufficient time for an officer to obtain an arrest warrant, Chief Justice Maureen O'Connor wrote.

Suspected in safe heist

In December 2016, James and Emiko Locke reported that someone broke into their Cincinnati home through a bedroom window and stole a safe holding $40,000 cash.

The Locke's told police that only the safe was missing and that a limited number of people knew the safe's location, including their son, Michael.

A neighbor said that a cream-colored Chrysler 300 had been parked outside of the Locke home during the burglary. The Locke's suspected their son Michael's involvement with the theft as well as his friend, LeAndre Jordan, according to court documents.

Cincinnati Police Detective Mark Longworth located the car in a Kroger parking lot, across the street from the barbershop that Jordan worked, it was registered to Jordan's mother. 

Longworth also checked Michael's cellphone log and found calls to his parents around the time of the burglary as well as calls with Jordan. Eight days after the burglary and police surveillance, officers arrested Jordan.

During his arrest, Jordan had keys to his girlfriend's apartment in his pocket. Officers obtained a search warrant for his girlfriend's apartment and found nothing related to the burglary.

Instead, officers found heroin, cocaine, an electronic scale, a handgun, and $2,100 in cash.

Jordan was convicted of trafficking in heroin, aggravated trafficking in drugs, possession of heroin, aggravated possession of drugs and possession of cocaine. He was sentenced to 11 years in prison and a suspended driver's license.

In Hamilton County Common Pleas Court, Jordan sought to suppress the evidence, arguing his arrest was unconstitutional. His request was denied. 

Jordan appealed to the First District Court of Appeals who affirmed the Hamilton County Common Pleas Court ruling.

The majority of the Ohio Supreme Court also ruled that the warrantless arrest did not violate Jordan's rights.

Contact Briana Rice at 513-568-3496 or brice@enquirer.com. Follow her on Twitter at @BriRiceWrites.

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