OH7: Ohio SW can be for info on California server; SCA contemplates it and CA law says providers must comply with out-of-state process

Defense counsel wasn’t ineffective for not challenging a social media account search warrant issued in Ohio on a California server. The SCA contemplates this, and California law directs computer companies to honor process from other states. Defendant can’t win on the merits. State v. Boyd, 2023-Ohio-4725, 2023 Ohio App. LEXIS 4532 (7th Dist. Dec. 18, 2023).

Despite being briefly knocked unconscious from a traffic accident, defendant came to and was oriented as to where he was and mostly what happened, but for the collision itself. The trial court found that he consented because he told others and he was experienced at this, having had a prior conviction for the same offense, DUI drugs. State v. Andrews, 2023 Tenn. Crim. App. LEXIS 517 (Dec. 27, 2023).*

An arson investigator came to the scene of working fire because it was a duplex and people were inside when the fire started. Walking through, he could smell an accelerant, so he stopped and applied for a warrant. [The search is not an issue.] State v. Thomas, 2023 La. App. LEXIS 2222 (La. App. 5 Cir. Dec. 27, 2023).*

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