OH6: When lack of PC for a SW is the issue, a suppression hearing isn’t required: it’s a question of law

When the defendant moves to suppress a search warrant claiming only a lack of probable cause, a hearing isn’t required. It’s then a mixed question of law and fact (mostly law). State v. Holt, 2020-Ohio-6649, 2020 Ohio App. LEXIS 4515 (6th Dist. Dec. 11, 2020).

The omitted information would have added to probable cause, not detracted from it. The officers were not intentionally misleading in the affidavit. The photo identification was suggestive, but it was already corroborated by a lot and doesn’t detract from the ultimate probable cause finding. United States v. Johnson, 2020 U.S. Dist. LEXIS 233243 (N.D. Iowa Dec. 11, 2020).*

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