OH5: GFE applies although affidavit for SW showed no nexus to house

The affidavit for the search warrant identified the suspects and what was to be searched for, but it said nothing about nexus to defendant’s house. Yet, the court finds that the search warrant was not bare bones based on supposition, so the good faith exception applies. State v. Lair, 2018-Ohio-3112, 2018 Ohio App. LEXIS 3345 (5th Dist. Aug. 6, 2018).* Compare today’s post from the Sixth Circuit to the contrary.

The state showed enough to get a search warrant for defendant’s cell phone for possible evidence of sexual imposition on his stepdaughter. The phone allegedly only had adult pornography on it, but its existence corroborated the alleged victim. In addition, text messages may corroborate her version. That was probable cause. State v. Moore, 2018-Ohio-3122, 2018 Ohio App. LEXIS 3352 (12th Dist. Aug. 6, 2018).*

This entry was posted in Good faith exception, Nexus, Probable cause. Bookmark the permalink.

Comments are closed.