N.D.Ohio: Alleged ambiguity in whether nighttime search authorized resolved by all the circumstances in favor of it

It wasn’t obvious that the search warrant did not permit a nighttime search, and it was presented to the state judge at night involving a shooting that night. The circumstances were apparent that the search was to happen then. Moreover, even a violation of the state’s nighttime search rule wasn’t complete justification for suppressing the search. “There is no evidence that the affidavit contained false information, and the fact that it contained inconsistent references for the time of execution falls far short of the requirement that it be ‘facially deficient.’” [And not completely inconsistent. On the totality, it’s the only real inference that makes sense to preserve evidence of a recent shooting.] United States v. McCullough, 2021 U.S. Dist. LEXIS 37416 (N.D. Ohio Mar. 1, 2021).

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