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Ohio Supreme Court case argued at Monroe Central featured in video

Members of the Ohio Supreme Court hear oral arguments as part of the court’s Off-Site Court Program Wednesday, April 23 at Monroe Central High School. (File photo)

WOODSFIELD — The Supreme Court of Ohio is highlighting a decision in a case argued during a visit to Monroe County, in which justices ruled a search warrant is not required to obtain information from an online marketplace app.

The court’s justices heard oral arguments in State of Ohio v. Mamadou Diaw in April during an Off-Site Court program event at Monroe Central High School. More than 400 students from Monroe Central, Beallsville and River high schools and Swiss Hills Career Center watched the arguments in that case and two others.

According to a press release and a video featured on the court’s YouTube channel, justices ruled unanimously that a Columbus police detective’s use of a subpoena of the Letgo marketplace app, without a warrant, did not violate Diaw’s Fourth Amendment rights.

Diaw is accused of robbing a person he encountered during the sale of a laptop arranged through the app.

Letgo provided the detective with information that included a GPS latitude and longitude point for a restaurant it was later learned is next to Diaw’s apartment, the video says.

Diaw’s counsel argued he had a reasonable expectation of privacy for the information stored on his phone and police needed a search warrant to access it. Prosecutors said there is a difference between what is produced on a cell phone being used and what someone enters into an app.

Diaw’s motion to suppress the information gleaned from the subpoena was granted in Franklin County Common Pleas Court, but Ohio’s 10th District Court of Appeals reversed that decision.

“Because a person generally has no expectation of privacy in information that is voluntarily shared with third parties, we hold that the Fourth Amendment does not require law enforcement to obtain a search warrant before securing a single historical location data point from a third party,” Chief Justice Sharon L. Kennedy wrote in the opinion.

The state Supreme Court upheld the appellate court’s decision and remanded the case to Franklin County.

The decision was issued July 2. The video highlighting the case was posted on the court’s YouTube channel this week.

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