STATE v. PEMBAUR

No. 82-1757.

9 Ohio St. 3d 136 (1984)

THE STATE OF OHIO, APPELLANT, v. PEMBAUR, APPELLEE.

Supreme Court of Ohio.

Decided February 8, 1984.


Attorney(s) appearing for the Case

Simon L. Leis, Jr., prosecuting attorney, Mr. William E. Breyer, Mr. Leonard Kirschner and Mr. Bruce S. Garry, for appellant.

Messerman & Messerman Co., L.P.A., and Mr. Gerald A. Messerman, for appellee.


REILLY, J.

The key issue presented in this case is whether a person may obstruct a law enforcement officer in the discharge of that officer's duty, when the person believes that the officer's conduct is unlawful. The state contends that this court should hold that a capias or an arrest warrant includes the authority to enter the business premises of a third party when the officer reasonably believes the subject named in the warrant will be found therein. Notwithstanding...

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