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OH4: Judge signing SW for adjoining county not a fundamental error

By John Wesley Hall, Jr.

Search warrant rules are constitutional (fundamental) and statutory (non-fundamental or technical). Technical errors require proof of prejudice. Here, a municipal judge signed a search warrant for property in an adjoining county, and that is not a fundamental error. State v. Ridenour, 2010 Ohio 3373, 2010 Ohio App. LEXIS 2860 (4th Dist. July 14, 2010). Defense counsel was not ineffective for not filing a motion to suppress. “The evidence, as sifted through below, demonstrates that officers had a reasonable suspicion of criminal activity to justify the seizure and investigation of appellant.” State v. Young, 2010 Ohio 3402, 2010 Ohio App. LEXIS 2881 (8th Dist. July 22, 2010).* Defendant was stopped because his license plate was not visible from the rear and no seatbelt...continue to full post

Full post as published by Fourth Amendment on July 25, 2010 (boomark / email).