Defendant was alleged to have consented to a blood draw in a DUI case. When he hesitated, the officer said that he’d get a search warrant if defendant didn’t go through with it. There’s a difference between the officer saying “I’ll try to get a warrant” and “I will get a warrant,” but here there was probable cause and a warrant would have issued. This was no idle threat to get a warrant. State v. Hale, 2023-Ohio-980, 2023 Ohio App. LEXIS 954 (3d Dist. Mar. 27, 2023).
Because there were other indicia of reliability of the complainant here, omission of information about her actually being a government CI isn’t material to the probable cause finding. United States v. Barber, 2023 U.S. Dist. LEXIS 50990 (D. Alaska Mar. 24, 2023).*
Defendant signed a probation waiver of his Fourth Amendment rights. After a probation search, he argued the state constitution provided greater protection, and the trial court suppressed. Reversed. Generally, state search and seizure rights are coextensive with the Fourth Amendment, and they are here. State v. Pool, 2023 Ida. LEXIS 40 (Mar. 24, 2023).*