OH5: Failure to put SW affidavit into evidence denies review of PC determination

Appellant failed to put the affidavit for search warrant into evidence at the suppression hearing, so it is unavailable for review on whether it showed probable cause. State v. Hill, 2019-Ohio-3432, 2019 Ohio App. LEXIS 3524 (5th Dist. Aug. 27, 2019).

Plaintiff’s decedent was apparently not a well man, and he was violently jerked from his truck and his face was slammed into the pavement. He died shortly thereafter. There is a fact question for trial. “And even if some force were constitutionally reasonable, the degree of force at issue here—‘violently jerk[ing]’ Hodge out of the vehicle hard enough for him to hit the ground face-first and sustain serious injuries—would have been clearly over the line under Giannola.” Hodge v. Blount County, 2019 U.S. App. LEXIS 25752 (6th Cir. Aug. 27, 2019).*