Defendant’s probation agreement said that he’d submit to probation searches “at the request of” the probation officer. Searching without a prior request was fatal. State v. Jaskowski, 2018 Ida. LEXIS 19 (Jan 18, 2018).
“The Franks challenge to paragraph three of the affidavit is that the affiant did not receive information directly from the CMHA officer but received it from another detective. The statement is cursory and does not indicate the foundation for the CMHA officer’s representation.” And, even if true, doesn’t overcome the presumption of validity of the warrant because of no materiality to the probable cause. State v. Johnson, 2018-Ohio-169, 2018 Ohio App. LEXIS 165 (8th Dist. Jan. 18, 2018).*