State v. Wallace, 2005 Ohio App. LEXIS 1808 (Ohio Ct. App. 2005)

Court and Agency Decisions and Orders (including case law)

Wallace, a man living with HIV, was indicted on one count of Solicitation after a positive HIV test and one count of Loitering to Engage in Solicitation after a positive HIV test. In accordance with the statute, R.C. 2907.27(A), which permits warrantless testing for sexually transmitted diseases of any person charged with the aforementioned violations, the trial court ordered Wallace to undergo testing. Wallace filed a motion challenging this order on the grounds that it was an invasion of privacy, violation of due process, and unreasonable search and seizure. The Court of Appeals of Ohio, Second Appellate District, Montgomery County, ultimately agreed with the trial court and affirmed its’ order requiring Wallace to submit to testing.

The court’s decision primarily dealt with Wallace’s claim that the order constituted an unreasonable search and seizure in violate of the Fourth Amendment.  Wallace argued that the collection and analysis of blood and urine constituted a search and seizure under the Fourth Amendment, which requires a warrant issued by a judge upon a finding of probable cause. The court, however, found that the order was reasonable because there is a special governmental interest to protect the public from the spread of sexually transmitted diseases.
 

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