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OH6: Nexus not shown in affidavit for SW, and GFE did not save search

By John Wesley Hall, Jr.

The affidavit for the search warrant was devoid of nexus to defendant’s home and the crime, and the good faith exception did not save this search. State v. Wildman, 2009 Ohio 6986, 2009 Ohio App. LEXIS 5823 (6th Dist. December 31, 2009): [*P19] Here, because the affidavit does not provide a basis upon which probable cause could be found to search the premises at 126 Venango Street, the officer's belief that probable cause existed to search that property was unreasonable. The officer's testimony at the motion to suppress hearing as to how they determined that the Venango Street address was appellant's residence does not change the analysis. "[An] officer cannot claim good faith reliance on a search warrant based on less than probable cause where he has failed to place in the affidavit information known to him that would support probable cause[;] the officer's reliance on the warrant can be objectively reasonable only if his belief that the affidavit contains facts sufficient to create probable cause is itself objectively reasonable...continue to full post

Full post as published by Fourth Amendment on January 05, 2010 (boomark / email).