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OH6: A search protocol is not required in a warrant

By John Wesley Hall, Jr.

Victim of defendant’s crime was a proper CI providing first hand information for the search warrant. Just because her name was omitted does not make her anonymous. “The overwhelming weight of authority is to the effect that warrants need not contain any sort of search protocol, methodology, or other strategy restricting a computer search to specific programs or terms in order to satisfy the particularity requirement.” [citing cases] State v. McCrory, 2011 Ohio 546, 2011 Ohio App. LEXIS 475 (6th Dist. February 8, 2011).* An electric company investigator investigating electrical theft at defendant’s house noticed no theft, but an unusual alteration of the roof, and he told the police. That person’s entry was not state action governed by the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on February 10, 2011 (boomark / email).