OH6: File stamp time error on SW wasn’t subject to exclusionary rule

The file stamp on a search warrant was before the judge signed it. This, however, is just a clerical error, and that doesn’t void an otherwise valid warrant. The exclusionary rule shouldn’t apply to such errors. “The testimonial evidence was consistent: the search warrant was executed after the warrant was signed by the judge, and the time the search warrant was executed may not be exact. Further, there was no evidence of any misconduct by the police in securing and executing the search warrant, nor was there evidence that the time differences on the documents caused prejudice to appellant. Since the time discrepancies are not the type of errors which invalidate an otherwise valid search warrant, we hold the trial court did not err in denying appellant’s motion to suppress. Accordingly, appellant’s assignment of error is not well-taken.” State v. Wilkes, 2020-Ohio-5292, 2020 Ohio App. LEXIS 4134 (6th Dist. Nov. 13, 2020).

This entry was posted in Exclusionary rule, Warrant requirement. Bookmark the permalink.

Comments are closed.