OH4: Allegation of delay in SW execution until def was present didn’t make it unreasonable

The officers’ delay in executing the search warrant for defendant’s property until he was there so he could be searched, too, was not unreasonable. The warrant had not gone stale by the time it was executed. State v. Alexander, 2022-Ohio-1812, 2022 Ohio App. LEXIS 1682 (4th Dist. May 24, 2022).

The state search warrant for database alteration was argued to have been issued in excess of jurisdiction. The computer was allegedly in the issuing court’s jurisdiction, and that was founded on probable cause. United States v. Naheed Mangi, 2022 U.S. Dist. LEXIS 96813 (N.D.Cal. May 31, 2022).

Plaintiff’s claim under Thompson v. Clark fails. With all that he alleges, the state court judge still could have found probable cause on the totality for the prosecution to be initiated. Moses-El v. City & Cnty. of Denver, 2022 U.S. App. LEXIS 14847 (10th Cir. May 31, 2022).*

This entry was posted in Neutral and detached magistrate, Reasonableness, Warrant execution, Warrant requirement. Bookmark the permalink.

Comments are closed.