from the Franklin County Municipal Court M.C. No. 2017 CRB
brief: Zach Klein, City Attorney, Lara N. Baker, Melanie R.
Tobias, and Orly Ahroni, for appellant.
Argued: Orly Ahroni.
brief: Campbell Law, LLC, and April F Campbell, for appellee.
Argued: April F. Campbell.
1} Plaintiff-appellant, State of Ohio, appeals from
a decision and entry of the Franklin County Municipal Court
granting in part and denying in part the motion to suppress
of defendant-appellee, Rusty Diamond. For the following
reasons, we reverse.
Facts and Procedural History
2} By complaint filed November 11, 2017, the state
charged Diamond with one count of domestic violence in
violation of R.C. 2919.25, a first-degree misdemeanor; and
one count of assault in violation of R.C. 2903.13, a
first-degree misdemeanor. The complaint stemmed from an
incident in which T.T., Diamond's girlfriend and the
mother of Diamond's child, called 911 alleging Diamond
bit her on the nose. Diamond entered a plea of not guilty and
requested a jury trial.
3} Subsequently, on January 29, 2018, Diamond filed
a motion to suppress (1)the evidence police obtained
following their warrantless entry into Diamond's
residence; (2) T.T.'s 911 call; and (3) Diamond's
various statements made to police both before and after
police gave him Miranda warnings. The state opposed
the motion, and the trial court set the matter for a hearing.
4} At the suppression hearing on April 12, 2018,
Joshua Bell, an officer with the Columbus Division of Police,
testified that on November 10, 2017 he responded to a
dispatch to 340 South Powell Avenue where a woman reported
having been struck by her child's father and was
requesting police presence. The state played T.T.'s 911
call during the hearing during which she says, through sobs,
that Diamond bit her nose in front of their son and that she
was bleeding. Officer Bell testified he responded to the
scene, without running lights and sirens on his police
cruiser, with his partner, Officer Jared Randall.
5} The state also played the video recording from
Officer Bell's body camera. As depicted in the video,
Diamond's house had a solid front door with an
accompanying screen door in front of it. When the officers
arrived at Diamond's residence and shone their
flashlights at the windows, Diamond opened the inner door,
stated everything was fine, and said he only opened the door
to determine the source of the lights. The officers told
Diamond to come outside to talk to them and opened the screen
door. T.T. is visible in the video behind Diamond and can be
heard talking. Officer Bell testified that T.T. was more
visible in person than she is on the video and that she had
blood on her. Further, Officer Bell testified he could hear
T.T. contradicting Diamond's assertions that everything
6} Diamond did go outside with the officers to talk
to them, at which point T.T.'s son began screaming
"daddy." (State's Ex. A at 23:57:24-59.) At
that point, T.T. took her son farther into the house and away
from the officers out front, but she did not close the inner
door. After talking to Diamond for a few minutes but without
asking for explicit permission to enter the house from either
Diamond or T.T., Officer Bell entered the house and walked to
the kitchen where he encountered T.T. and her son. T.T. had
blood on her nose, shirt, and pants. While inside the house,
Officer Bell obtained an official statement from T.T.
regarding the incident.
7} After talking with and observing T.T., Officers
Bell and Randall handcuffed Diamond, searched his person, and
placed him in a police cruiser. Once inside the cruiser, but
before the officers read Diamond his Miranda rights,
Diamond talked to the officers for approximately one hour.
The state also played the video recording from the camera
inside the police ...