The Supreme Court of Ohio will hear arguments on Tuesday, May 19, 2009 on a drug conviction case that came out of Cuyahoga County. The defendant in that case was convicted for having marijuana in his pants cuff when he was conveyed into the County Jail on a drug arrest. The defendant was convicted at trial, but the Cuyahoga Court of Appeals reversed the conviction on the basis that the defendant was not in control of his person after he was arrested by the police. See State v. Cargile: http://www.sconet.state.oh.us/rod/docs/pdf/8/2008/2008-ohio-2783.pdf.
The Ohio Supreme Court has taken up the issue at the request of the prosecution. We will try to update you all when we find out the results of the decision by the Supreme Court of Ohio.