OH5: No showing of PC and no GFE for SW for Google search history

The search warrant for defendant’s Google search history lacked any justification of why it would produce evidence, that it was even used in planning or executing the alleged crime. It was bare bones, and the good faith exception does not apply. State v. Grace, 2023-Ohio-3781, 2023 Ohio App. LEXIS 3650 (5th Dist. Oct. 17, 2023):

In this case, the state was already in possession of the CSLI data. Detective Sinewe did not provide a factual basis in his affidavit that would allow the judge issuing the search warrant to believe that Grace had used her Google account or Google search history to aid in either the planning or the execution of the break-in of D.C.’s apartment. No specificity or factual basis was given by the affiant as to the nature of the more precise location information that could be obtained, or why more precise location information could be found in someone’s Google account or Google search history. Considering the complete lack of factual information included in the affidavit, we hold that no reasonable officer would rely on the affidavit to establish probable cause to believe that Grace’s Google account or search history would contain evidence of a more specific location of the phone at the time of the burglary. A well-trained police officer offering or encountering the language utilized in the affidavit in this case should know that such conclusory and speculative statements, without more, do not support a finding of probable cause.