OH10: Probably the worst SW affidavit approved for the year; and why did this case even get filed?

The affidavit for the search warrant here was totally lacking in probable cause. It alleged only that defendant’s house used more electricity than his neighbors, that he was believed to have transported marijuana at an unknown time, and he was arrested for theft 11 years earlier. Therefore, the good faith exception did not apply, either. State v. Kosla, 2014-Ohio-1381, 2014 Ohio App. LEXIS 1229 (10th Dist. March 31, 2014). [Note: Four remarkable things about this case: (1) The magistrate issued the pitiful attempt at a search warrant, thereby proving that he or she is purely a rubber stamp for the police, so defense lawyers should scrutinize every one that this judge issues; (2) How did this case get past a filing decision? (3) Since it did, why didn’t the prosecutor fold when the motion to suppress pointed it out? (4) Once the motion to suppress was granted, why did the state appeal such a woefully inadequate warrant application? They must really want Mr. Kosla in jail, to the point of failing their duty to the system of justice. They clearly disregard the Fourth Amendment.]

Defendant voluntarily consented to the taking of his DNA. State v. Vansickle, 2014-Ohio-1324, 2014 Ohio App. LEXIS 1241 (12th Dist. March 31, 2014).*

Probable cause existed for defendant’s arrest. The victim reported a break-in while he was asleep, and a door was ajar. The police with a tracking dog followed unique footprints in the snow to defendant’s apartment. There defendant stood, with pants wet from the snow. Nearby were shoes matching the footprints. State v. Johnson, 2014-Ohio-1305, 2014 Ohio App. LEXIS 1285 (6th Dist. March 28, 2014).*