On four corners review of the affidavit for search warrant, \u201cThis Court concludes that the statements made in the affidavit about Defendant living at the Euclid address were not untruthful or recklessly made; therefore, they permissibly allowed a judicial officer to draw inferences about where Defendant’s primary residence would have been, and therefore, where Defendant likely would store weapons or narcotics. Therefore, the warrant application provides the required nexus and is supported by probable cause.\u201d United States v. Nelson, 2021 U.S. Dist. LEXIS 194129 (D.Minn. Aug. 11, 2021), adopted, 2021 U.S. Dist. LEXIS 192930 (D.Minn. Oct. 6, 2021).*<\/p>\n\n\n\n
Defendant appealed the denial of his motion to suppress where he claimed the affidavit for the search warrant was \u201cshaky and vague.\u201d But, \u201cAfter careful review, we find Shary has failed to carry his burden in rebutting the presumed validity of the affidavit in the absence of any evidence of deliberate falsehood or reckless disregard for the truth.\u201d And, there was probable cause on the totality. State v. Shary, 2021-Ohio-3604, 2021 Ohio App. LEXIS 3509 (8th Dist. Oct. 7, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"
On four corners review of the affidavit for search warrant, \u201cThis Court concludes that the statements made in the affidavit about Defendant living at the Euclid address were not untruthful or recklessly made; therefore, they permissibly allowed a judicial officer … Continue reading