{"id":9454,"date":"2013-12-20T08:20:37","date_gmt":"2013-09-17T07:59:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-09-17T07:59:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9454","title":{"rendered":"OH3: Even though county court judge lacked jurisdiction to issue SW, remanded for GFE determination"},"content":{"rendered":"<p>County court judges are a creature of statute, so they lack statutory authority to issue a search warrant for evidence in another county. While statute was violated, and likely the Fourth Amendment too [under Ohio precedent, yes; under federal precedent, no (Virginia v. Moore which isn&#8217;t even cited)] the case is remanded to the trial court for additional findings on the good faith of the officer and whether suppression is even the proper remedy. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/3\/2013\/2013-ohio-3985.pdf\">State v. Dulaney<\/a>, 2013 Ohio 3985, 997 N.E.2d 560 (3d Dist. 2013).<\/p>\n<p>Defendant was convicted of aggravated stalking for photographing a 13 year old girl through her bedroom window at night. He was caught by her father who was a police officer. When the father first confronted defendant, it was as a private citizen, and then he detained him for police to arrive. If considered acting as a police officer, the detention was with at least reasonable suspicion, and defense counsel could not be ineffective for not challenging the stop and detention. <a href=\"http:\/\/info.libraries.vermont.gov\/supct\/current\/op2012-330.html\">In re Hoch<\/a>, 2013 VT 83, 2013 Vt. LEXIS 82 (September 13, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9454\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9454","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9454","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9454"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9454\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9454"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9454"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9454"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}