{"id":3716,"date":"2010-05-18T23:14:18","date_gmt":"2010-01-07T11:08:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-07T11:08:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3716","title":{"rendered":"OH2: Ohio judge cannot issue a SW to be executed in California"},"content":{"rendered":"

Ohio judge issued a search warrant which was executed in California, and this violated the Fourth Amendment. State v. Jacob<\/a>, 2009 Ohio 7048, 185 Ohio App. 3d 408, 924 N.E.2d 410 (2d Dist. 2009):<\/p>\n

[*P25] We agree that, in Jacob’s situation, a violation of statutory provisions that a judge can issue a valid search warrant only within his or her court’s jurisdiction is a fundamental violation of Fourth Amendment principles. As Justice Holmes said in a different context in Silverthorne Lumber Co. v. United States (1920), 251 U.S. 385, 40 S.Ct. 182, 64 L.Ed. 319, T.D. 2984, 17 Ohio L. Rep. 514, a line must be drawn somewhere to prevent the Fourth Amendment’s guarantee against unreasonable searches and seizures from becoming no more than a “form of words.” Crossing state lines by allowing an Ohio court to determine when California citizens and property are subject to search and seizure crosses this constitutional line. In Hardy and Wilmoth, at least, the court that issued the warrant, the court that had authority to issue it, and the law enforcement officers were all in Ohio, albeit in different legislatively-created venues, and, as such, their actions were all subject to Ohio law. Allowing one state’s court to determine when property, residences, and residents of another state may be subject to search and seizure would trample the sovereignty of states to determine the procedures by which a warrant may be issued and executed and of their courts to determine the consequences of a failure to follow those laws.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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