APPEALS JUDGES REJECT REASONING FOR WARRANTLESS SEARCHES IN AKRON

Akron - Two police searches conducted without warrants, including one that
led to the discovery of 191 marijuana plants, were not legal, an appeals
court ruled yesterday.

The 9th Ohio District Court of Appeals sent the cases of Bobby Jones and
Carleton Prince back to Summit County Common Pleas Court. The prosecutor's
office plans to appeal the Jones case to the Ohio Supreme Court.

"I feel vindicated," said Jones' lawyer, Charles Quinn. "It was pretty clear
from the outset that the police didn't have an idea of anything going on at
that place."

According to court documents, police stopped Jones, 66, about 10:30 p.m.
Nov. 4, 2001, after they saw him leave what they thought was a vacant
building on Kenmore Boulevard and lock the door. Jones said the building
belonged to him and was adamant that officers could not enter.

Because Jones was nervous and rude and they saw an identification card
belonging to a woman in his wallet, they handcuffed him, took his keys and
entered. They found marijuana growing under bright lights. They also
searched Jones's car, finding a briefcase.

Based on the building search, warrants were obtained to search the
briefcase, which held $43,000, and two homes on Harvey Avenue, which
contained more marijuana plants and cultivation materials.

Police testified at a hearing that they thought the building was being
burglarized, and since Jones had a woman's identification card, they
believed he may have been holding someone against her will. The card
belonged to Jones's wife. Judge James E. Murphy denied Quinn's motion to
suppress the evidence from the search.

A jury convicted Jones in May 2002 on four counts related to the cultivation
of marijuana. He was sentenced to two years in prison and ordered to forfeit
the Kenmore building, two homes and $93,000 from the briefcase and a bank
statement in his pocket. The sentence and forfeiture were stayed pending his
appeal and he was out on bond.

Appeals Court Judges William Baird and Beth Whitmore ruled that the reasons
given by officers for the building search did not support a belief of an
existing emergency, which is allowed for a warrantless search. Judge Donna
Carr dissented, writing that the officers' entry was justified.

Police receive training on proper search and seizure laws and procedures,
said Lt. Sylvia Trundle, Akron Police spokesperson. She said such a reversal
is uncommon.

Another three-judge appeals court panel ruled yesterday that when an officer
checked Carleton Prince for weapons on Jan. 23, 2002, as police spoke to
possible suspects in a shooting, he should not have put his hand in Prince's
sweatshirt pocket. The officer found marijuana and cocaine.

Common Pleas Judge Brenda Burnham Unruh denied the motion to suppress that
evidence.