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CITY OF FAIRBORN v. MATTACHIONE

No. 94-662.

72 Ohio St.3d 345 (1995)

CITY OF FAIRBORN, APPELLANT, v. MATTACHIONE, APPELLEE.

Supreme Court of Ohio.

Decided June 28, 1995.

Attorney(s) appearing for the Case

Gerald E. Schlafman, City Solicitor, and Joseph W. Stadnicar, Assistant Prosecuting Attorney, for appellant.

Dan D. Weiner, for appellee.

Betty D. Montgomery, Attorney General, Richard A. Cordray, State Solicitor, and Simon B. Karas, Deputy Chief Counsel, urging reversal for amicus curiae, Attorney General.

The cause is before this court upon the certification of the court of appeals that its judgment conflicted with the judgment of the Court of Appeals for Franklin County in Columbus v. Reid (1986), 32 Ohio App.3d 7, 513 N.E.2d 351, upon the following question:

"[W]hether or not the exclusionary rule is applicable as a sanction for violation of R.C. 2935.20."

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