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OH2: Trial court erred in finding GFE applied wihtout considering PC first; remanded

By John Wesley Hall, Jr.

The officer had a search warrant which he executed but also obtained consent to search. The trial court considered only consent and the good faith exception. This was error because probable cause had to be determined before moving to the good faith exception. State v. Mendell, 2010 Ohio 6107, 2010 Ohio App. LEXIS 5144 (2d Dist. December 10, 2010): [*P17] In overruling the motion to suppress, the trial court addressed two issues that Mendell raised in connection with his motion: the timing of the warrant (whether it was executed before it was filed); and the voluntariness of Mendell's written consent to search, and resolved both of them in the State's favor. But the trial court did not address two other issues that Mendell and the State raised: whether the affidavit in support of the search warrant made out probable cause for the issuance of the warrant; and, if not, whether the police acted in good faith in executing the warrant, under United States v...continue to full post

Full post as published by Fourth Amendment on December 21, 2010 (boomark / email).