ID: The necessity of a nighttime search authorization can be inferred from the showing of PC as a whole

The request for a nighttime search can be inferred from the affidavit for the search warrant as a whole. “Reading the affidavit as a whole, it is reasonable to infer that the interests of justice were best served by the authorization of nighttime service. It could reasonably be concluded from the affidavit that, one, there was probably a large quantity of narcotics on the premises, and, two, some of the drugs could and probably would be removed, and, three, nighttime service of the search warrant would reduce the possibility of physical altercation between officers and residents or persons present at a residence, especially if those residents or persons had been using methamphetamine. [¶] The record demonstrates that Deputy Fuquay requested authorization for a nighttime search, and that the magistrate affirmatively authorized a nighttime search. The court finds that the magistrate did not abuse his discretion in doing so.” State v. Hutton, 2022 Ida. LEXIS 10 (Feb. 3, 2022).

The motion to suppress was erroneously granted. “The state argues that the officers had probable cause to believe a criminal offense had occurred when, in plain sight, they observed part of a firearm protruding from underneath Appellee’s seat. For the reasons provided, the state’s argument has merit and the judgment of the trial court is reversed and remanded for further proceedings.” State v. Grabe, 2021-Ohio-4666, 2021 Ohio App. LEXIS 4593 (7th Dist. Dec. 21, 2021).*