OH2: Giving false name and DOB after SW executed supports obstruction charge

Defendant was removed from his house after a search warrant was served by the SWAT team. His false name and DOB to the officers supported his obstruction conviction. State v. Castleberry, 2020-Ohio-4233, 2020 Ohio App. LEXIS 3129 (2d Dist. Aug. 28, 2020).

“Specifically, the Court agrees with the Magistrate Judge’s conclusions that the mistakes and omissions in the search warrant application, some of which are more troubling than others, do not leave the warrant or the search that followed unsupported by probable cause. Additionally, the warrant contained enough evidence independently corroborating the information provided by the Confidential Informant (‘CI’). See Illinois v. Gates, 462 U.S. 213, 233 (1983); United States v. Haimowitz, 706 F. 2d 1549, 1555 (11th Cir. 1983).” United States v. McGee, 2020 U.S. Dist. LEXIS 155556 (M.D. Fla. Aug. 24, 2020).*

Defendant was seen in a highly battered vehicle with a broken windshield at a rest area indicating that he drove there with it in that shape. That led to the stop. A “stop stick” placed under a front wheel did not amount to an arrest. State v. Warnick, 2020-Ohio-4240, 2020 Ohio App. LEXIS 3130 (2d Dist. Aug. 28, 2020).*

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