OH2: Lack of facts in affidavit for arrest warrant inadequate and no GFE; affidavit merely tracked statute

An affidavit for an arrest warrant that merely tracked the statutory language without alleging any facts was insufficient as a matter of law. An assistant DA helped prepare it, but there still were no facts. State v. Mendell, 2012 Ohio 3178, 2012 Ohio App. LEXIS 3250 (2d Dist. July 13, 2012):

[*P12] … And the affidavit attached to the complaint states:

Detective W.N. Ring, being first duly sworn according to law, deposes and says that the probable cause that defendant committed the offense set forth in the Complaint is as follows: Defendant was identified as the perpetrator of the offense by Amanda A. Mendell who was an eyewitness to the offense.

[*P13] The complaint describes the offense in the statutory language and does not allege any specific facts about what Mendell did. Because the information in the complaint amounts to an unsupported conclusion that Mendell committed domestic violence, it is insufficient to support the issuance of the arrest warrant.

. . .

[*P18] Here, the complaint and affidavit are so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable. As we explained above, the complaint and affidavit are totally devoid of facts to demonstrate how Mendell committed a domestic violence offense. A reasonably well-trained officer would have known that these documents could not establish probable cause. See State v. Jones, 72 Ohio App.3d 522, 528, 595 N.E.2d 485 (6th Dist.1991).

[*P19] We recognize that to a certain extent, Detective Ring enlisted the assistance of the prosecutor’s office prior to seeking the arrest warrant. Ring testified that he met with an assistant prosecutor, he gave her information from his investigation, and the prosecutor’s office approved a charge. Ring testified that once the charges are approved, normally he goes to the intake office at the prosecutor’s office. An employee there prepares the complaint and warrant for the issuing official’s approval. However, Ring testified that he also completes a “statement of facts,” i.e., an affidavit, to give to the issuing official. Ring testified that he filled out the affidavit in this case. Ring did not testify that the prosecutor’s office assisted or advised him on how to prepare this affidavit. …