OH3: Invalid admin SW was saved by GFE

An administrative search warrant issued under the state criminal procedure law was invalid because of limits on who could request and serve a warrant (i.e., law enforcement officers and prosecutors). However, the good faith exception applies to administrative warrants, too. Bd. of Trs. Blanchard Twp. v. Simon, 2023-Ohio-1704, 2023 Ohio App. LEXIS 1711 (3d Dist. May 22, 2023).

Defendant’s four traffic offenses were justification for his stop. There was marijuana in plain view. Defendant properly consented to a search of a cell phone where the officer said he’d get a warrant if he had to. There was also a Fourth Amendment search waiver in existence. United States v. Vickers, 2023 U.S. Dist. LEXIS 86739 (M.D. Ga. May 17, 2023).*

The search warrant for the cell phone was valid. There was probable cause, it was particular, it was not stale, it was properly executed, and the good faith exception applies. United States v. Allen, 2023 U.S. Dist. LEXIS 86834 (W.D. Mo. May 18, 2023).*

Defendant’s failure to do anything when confronted with a search warrant for blood or urine wasn’t “concealing” under the obstruction statute. People v. Hutt, 2023 IL 128170, 2023 Ill. LEXIS 324 (May 18, 2023).*

This entry was posted in Administrative search, Cell phones, Good faith exception, Warrant execution. Bookmark the permalink.

Comments are closed.