OH6: Nexus not shown in affidavit for SW, and GFE did not save search

The affidavit for the search warrant was devoid of nexus to defendant’s home and the crime, and the good faith exception did not save this search. State v. Wildman, 2009 Ohio 6986, 185 Ohio App. 3d 346, 923 N.E.2d 1240 (6th Dist. 2009):

[*P19] Here, because the affidavit does not provide a basis upon which probable cause could be found to search the premises at 126 Venango Street, the officer’s belief that probable cause existed to search that property was unreasonable. The officer’s testimony at the motion to suppress hearing as to how they determined that the Venango Street address was appellant’s residence does not change the analysis. “[An] officer cannot claim good faith reliance on a search warrant based on less than probable cause where he has failed to place in the affidavit information known to him that would support probable cause[;] the officer’s reliance on the warrant can be objectively reasonable only if his belief that the affidavit contains facts sufficient to create probable cause is itself objectively reasonable.” State v. Klosterman (1996), 114 Ohio App.3d 327, 333, 683 N.E.2d 100.

Defendant’s license plate light did not work, and that was the basis for the stop. The video of the stop did not support defendant’s position that the license plate was lit. State v. Hundley, 2009 Ohio 6873, 2009 Ohio App. LEXIS 5775 (3d Dist. December 28, 2009).*

Driving slowly, stopping, and then engaging in a possible hand to hand drug transaction in a high crime area was reasonable suspicion. State v. Martin, 2009 Ohio 6948, 2009 Ohio App. LEXIS 5855 (9th Dist. December 31, 2009).*