OH12: Not challenging reliability of drug dog not IAC without showing result would change

Defendant doesn’t show that the outcome would be different if defense counsel had challenged the certification and reliability of the drug dog. State v. Wash, 2020-Ohio-152, 2020 Ohio App. LEXIS 131 (12th Dist. Jan. 21, 2020).

“Accordingly, the court finds that a plain reading of Logan’s affidavit demonstrates that he did not make false statements to the magistrate nor did he omit facts necessary to establish probable cause regarding his use of the Child Protection System software.” The software has been approved for use in establishing probable cause in other cases the court cites. United States v. Murphree, 2020 U.S. Dist. LEXIS 8881 (N.D. Miss. Jan. 16, 2020).*

This entry was posted in Dog sniff, Ineffective assistance, Probable cause. Bookmark the permalink.

Comments are closed.