OH2: Allegation that search occurred before SW issued is not a Franks issue

“A second problem is that the foregoing scenario does not raise a Franks issue. If Detective Saunders did prematurely enter the house without a warrant, he may have violated the Fourth Amendment. But that act would not establish any falseness in the search-warrant affidavit’s factual allegations regarding Jones’ assault of the victim inside the house.” State v. Jones, 2024-Ohio-683, 2024 Ohio App. LEXIS 645 (2d Dist. Feb. 23, 2024).

“Mr. Dunbar cites the affidavit and search warrant as the allegedly exculpatory evidence withheld by the prosecution. He does not, however, identify any exculpatory information that he claims would have been contained in the affidavit or search warrant. Further, the affidavit and search warrant he references were obtained after the protective sweep and parole search had already been conducted at the apartment. As set forth in the Court of Appeals decision affirming his conviction, and as addressed above, the search was reasonable without need for a search warrant. Thus, there was no error in failing to challenge the subsequent affidavit or search warrant, and the failure to raise this issue caused no prejudice to Mr. Dunbar.” Dunbar v. United States, 2024 U.S. Dist. LEXIS 30829 (N.D. Ohio Feb. 22, 2024).*

This entry was posted in Franks doctrine, Protective sweep. Bookmark the permalink.

Comments are closed.