State v. Cargile
Ohio Supreme Court
123 Ohio St. 3d 343 (2009)
- Written by Sharon Feldman, JD
Facts
Cleveland Cargile (defendant) was arrested for committing robbery. The arresting officer did a pat-down search but did not find any illegal drugs or weapons. Before Cargile was taken into the jail for processing, the arresting officer warned him that it would be a crime to convey drugs into the jail and Cargile should tell the officer if he was carrying any contraband. Cargile denied possessing contraband. An officer who searched Cargile in the jail became suspicious of Cargile’s leg movements and found marijuana hidden inside the cuff of one of Cargile’s pant legs. Cargile was charged with robbery and illegal conveyance of drugs onto the grounds of a detention facility. Cargile was acquitted of robbery but convicted on the illegal-conveyance count. The court of appeals vacated Cargile’s conviction, holding that entering the jail with drugs was not a voluntary act by Cargile because he had entered the jail as a result of his arrest. The state (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Cupp, J.)
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