The state objected to hearsay to a defense question at the suppression hearing, but hearsay is admissible in suppression hearings under Rule 104(a). Here, however, it was harmless error. The lack of prejudice thus results in there being no ineffective assistance. State v. Kinn, 2020-Ohio-51, 2020 Ohio App. LEXIS 482 (2d Dist. Feb. 14, 2020).
In reviewing the R&R, the affidavit provides probable cause but there were irregularities in how the warrant was executed. On review by the USDJ, the court still had doubts about the record here and asks for guidance on another suppression hearing. United States v. Bradford, 2020 U.S. Dist. LEXIS 25866 (E.D. Wis. Feb. 14, 2020).*