OH5: Exclusionary rule does not apply in child protection cases

“While this appears to be a case of first impression in Ohio, other states have uniformly held the Fourth Amendment’s exclusionary rule does not apply in child protection cases.” It follows State ex rel. A.R. v. C.R., 1999 UT 43, 982 P.2d 73, ¶s 19-21, holding that it does not in Ohio. In re R.R., 2021-Ohio-2369, 2021 Ohio App. LEXIS 2324 (5th Dist. July 7, 2021).

Denial of a motion to suppress would not be reconsidered in a 2255 because the prior ruling on the merits is res judicata, and the 2255 is untimely. United States v. White, 2021 U.S. Dist. LEXIS 127938 (S.D. Ohio July 9, 2021).*

A search warrant that includes particular attachments is particular. United States v. Bowers, 2021 U.S. Dist. LEXIS 127998 (W.D. Pa. July 8, 2021).*

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