{"id":60667,"date":"2025-04-02T08:45:55","date_gmt":"2025-04-02T13:45:55","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60667"},"modified":"2025-04-02T08:45:55","modified_gmt":"2025-04-02T13:45:55","slug":"oh4-arrest-on-recalled-warrant-still-valid-under-gfe","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60667","title":{"rendered":"OH4: Arrest on recalled warrant still valid under GFE"},"content":{"rendered":"\n<p>The warrants database showed a warrant for defendant, but it actually had been recalled. The officer checked dispatch who told him of the warrant, although defendant denied there was one, but he had a motive to lie to avoid arrest. The officer wasn\u2019t obligated to obtain the actual warrant before arresting. The officer did nothing wrong, and the exclusionary rule doesn\u2019t apply. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/4\/2025\/2025-Ohio-1137.pdf\">State v. Remy<\/a>, 2025-Ohio-1137, 2025 Ohio App. LEXIS 1085 (4th Dist. Mar. 27, 2025).<\/p>\n\n\n\n<p>On a no merit brief: \u201cAfter careful review, we conclude that the district court did not err in denying Allen&#8217;s motion to suppress, as the search warrant was based on probable cause, and it was not overbroad or lacking in particularity. \u2026 In any event, nothing in the record indicated the officers did not execute the warrant in good faith.\u201d United States v. Allen, 2025 U.S. App. LEXIS 7185 (8th Cir. Mar. 28, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s search incident was valid because there was probable cause to arrest him for carrying a weapon without a license in violation of Delaware law. United States v. Wing, 2025 U.S. Dist. LEXIS 59213 (D. Del. Mar. 28, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The warrants database showed a warrant for defendant, but it actually had been recalled. The officer checked dispatch who told him of the warrant, although defendant denied there was one, but he had a motive to lie to avoid arrest. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=60667\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,11,20,26],"tags":[],"class_list":["post-60667","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-good-faith-exception","category-probable-cause","category-search-incident"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60667","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=60667"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60667\/revisions"}],"predecessor-version":[{"id":60668,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60667\/revisions\/60668"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60667"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60667"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60667"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}