OH4: Franks challenge seven years after motion to suppress denied by res judicata

There was a motion to suppress denied at trial. “Now, seven years later appellant seeks to file a motion to suppress and a motion for a Franks hearing. We believe, however, that the trial court correctly concluded that res judicata barred both motions.” State v. Taylor, 2023-Ohio-2994, 2023 Ohio App. LEXIS 2983 (4th Dist. Aug. 22, 2023).

Defendant’s motion for new trial claim that the trial judge ruling on the motion to suppress was also the one who signed the warrant wasn’t newly discovered. Thus, this was not a ground for a new trial. State v. Taylor, 2023-Ohio-2995 (4th Dist. Aug. 22, 2023).*

Even if the search warrant for parts of defendant’s Facebook account included geolocation data of posts because they were consciously posted with location data, the good faith exception applies. United States v. Roberts, 2023 U.S. Dist. LEXIS 149875 (S.D. Ind. Aug. 25, 2023).*

The warrant for child pornography on defendant’s electronic devices was neither bare bones nor stale. It was based on probable cause. United States v. Brown, 2023 U.S. Dist. LEXIS 149824 (W.D. La. Aug. 7, 2023),* adopted, 2023 U.S. Dist. LEXIS 147709 (W.D. La., Aug. 22, 2023).*

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