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State Vs. Ellis Case Summary

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Words 564
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Ashley Hughes
September 22, 2014

State v. Ellis
FACTS:
On October 7, 2004, Sherman Ellis, Defendant, was arrested and charged with trafficking marijuana and possession of criminal tools. Ellis was a student attending Central State University in Ohio, and was living on campus in one of the dormitories. The arrest happened as a result of a dormitory search that the Resident Assistants perform as part of the safety policies and procedures laid out by Central State University. While the Resident Assistant was performing the search on Ellis’ room they came across a beer can sitting on the desk, which violated the University policies and procedures. About that time another Resident Assistant entered the dorm when they saw a desk draw open letting out the scent of, and exposing visually marijuana. From there the police were notified and shortly showed up to the room. The police stood and observed as the Resident Assistants finished their search of the room. Once the search was complete the Resident Assistants turned over the evidence to the police. …show more content…
His motion was overruled, and from there the Defendant pleads no contest for the charge of marijuana trafficking, and in exchange the State dismissed the charge on possession of criminal tools. The Defendant was found guilty on the charge of trafficking marijuana and sentenced to five years of community control sanctions and a two hundred fifty dollar fine. Defendant filed a timely appeal against his conviction and sentence, and also challenged the ruling on his motion to surpass evidence.
ISSUES:
1) Does the conviction of Ellis based on the Resident Assistant search violate his Fourth Amendment right of unreasonable search and seizure?
HOLDING:
1) YES

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