OH3: Unsigned SW still entitled to GFE

Even though the search warrant wasn’t signed in violation of the state rule, the good faith exception applies because the issuing judge found probable cause and said he issued the warrant. State v. Harrison, 2020-Ohio-3920, 2020 Ohio App. LEXIS 2821 (3d Dist. Aug. 3, 2020):

[*P33] Thus, we conclude that Det. Joseph’s reliance on the municipal court judge’s initials and stamp indicating that probable cause for Harrison’s arrest had been found was done in good faith and was objectively reasonable given the testimony regarding the policy put in place by the municipal court judge and clerk regarding the delay in signing and file stamping the warrant itself by the clerk until after execution. Accordingly, we disagree with the trial court’s finding on this issue and conclude that the facts of this case present a scenario that falls within the purview of the good faith exception to exclusionary rule and therefore the evidence obtained by the State subsequent to Harrison’s arrest should not have been suppressed.

[*P34] In sum, even assuming that the arrest warrant issued in this case failed to properly comply with Crim.R. 4(A), we nevertheless find that Det. Joseph was relying in good faith on the warrant issued by the municipal court judge and clerk when he executed the warrant and therefore the exclusionary rule should not have been applied to suppress the evidence obtained by the State in this case.