State v. Swann

In State v. Swann (2001), 142 Ohio App.3d 88, 753 N.E.2d 984, a Cincinnati police officer was patrolling for evidence of prostitution. A second officer was hidden in the trunk of the unmarked car. Upon seeing Swann walking down the street, the officer pulled to the curb and engaged Swann in conversation. The officer then invited Swann into his car, where their discussion initially was not of a sexual nature. The officer then offered Swann crack or money for oral sex, and they finally agreed on a price of $ 15.00. At that point, the second officer in the trunk emerged and arrested Swann. The First District determined that "Swann did not 'entice, urge, lure or ask' the officer for anything. She simply agreed to his suggestion." In reversing the trial court's judgment and discharging Swann from further prosecution, the First District relied upon State v. Howard (1983), 7 Ohio Misc.2d 45, 7 Ohio B. 309, 455 N.E.2d 29.