Ohio Supreme Court voids Marion woman's conviction after police illegally searched bag

The Ohio Supreme Court made a unanimous decision Tuesday to vacate a Marion County woman's drug possession conviction after ruling the police did not have the authority to search her bookbag for drugs without a search warrant.

In the Tuesday ruling, the court vacated, or legally voided, Kennedy Burroughs' original conviction by the Marion County Trial Court by reversing the decision made by the Third District Court of Appeals to allow the bag search under a "single-purpose-container exception." Former Marion County Common Pleas Court Judge Jason Warner presided over the trial.

In her original trial, Burroughs moved to suppress the evidence as it was a violation of her Fourth Amendment rights as it was found in a warrantless search. The court reasoned the evidence was lawful as the bookbag was in plain sight. 

Upon appeal, the Third District Court of Appeals affirmed the judgment on other grounds, ruling that the search was justified based on the "single-purpose-container exception" to the warrant requirement, meaning it ruled a bookbag's single purpose was as a container for drugs, and this clearly revealed its contents. 

According to the slip opinion released Tuesday, the Ohio Supreme Court has now ruled a bookbag's "single purpose" is not to be a container for drugs, and the illegal contents could not be identified by outward appearance.

Justice R. Patrick DeWine made this clear in the slip opinion when he wrote on behalf of the court:

"The single-purpose-container exception, as the name makes clear, applies to single-purpose containers. A bookbag is not a single-purpose drug container."

The origins of the case began while executing an arrest warrant for Burroughs, Marion City Police Officer Chris Coburn saw her grab plastic bags off her table and head toward the back of the house.

After entering the home, the officer found a closed bookbag with a plastic bag caught in the zipper. He did not open the bag as he suspected the department would need a search warrant. 

Once Burroughs was arrested, another officer, Lt. Mark Elliott, arrived on the scene and opened the bookbag, finding marijuana inside. Burroughs was then charged with the illegal possession of drugs based on this illegally gathered evidence.

The Ohio Supreme Court has sent the case back to the court of common pleas with instructions to judge the case with the evidence found in the bookbag suppressed.

Marion County Prosecutor Ray Grogan said when the case returns to Marion, the case will be dismissed.

"When the case comes back, we will have to dismiss the case because we will not be able to use the evidence that was collected from the bookbag,” he said.

Noting that though the trial court and the court of appeals found the search to be appropriate, he said the Ohio Supreme Court has the ultimate say.

"We respect the court. We respect their authority, respect their decision, and I’m very proud of the Marion Police Department, proud of my team for the work they did on this case, but the Ohio Supreme Court has spoken,” Grogan said.

Story by: Sophia Veneziano (740) 564 - 5243 | sveneziano@gannett.com