OH6: SW with nighttime search authorization can be executed in daytime, too

A search warrant with a nighttime search authorization can be executed in the daytime, too. State v. Flores, 2018-Ohio-3980, 2018 Ohio App. LEXIS 4307 (6th Dist. Oct. 1, 2018) [Daytime warrant execution is just safer. That’s why there’s a high requirement for a nighttime warrant.]

The USMJ’s finding of consent is entitled to deference on appeal to the USDJ. United States v. Harris, 2018 U.S. Dist. LEXIS 170494 (N.D. Ind. Oct. 3, 2018).*

This entry was posted in Nighttime search, Standards of review. Bookmark the permalink.

Comments are closed.