{"id":12117,"date":"2014-06-20T00:33:47","date_gmt":"2014-06-20T05:33:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12117"},"modified":"2014-07-06T12:28:41","modified_gmt":"2014-07-06T17:28:41","slug":"oh5-not-necessary-to-have-issuing-magistrate-at-suppression-hearing-what-does-that-add","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12117","title":{"rendered":"OH5: Not necessary to have issuing magistrate at suppression hearing as witness; what does that add?"},"content":{"rendered":"

The trial court didn\u2019t abuse its discretion in quashing the subpoena for testimomy from the issuing magistrate because it would add little or nothing to the suppression hearing. State v. McElfresh<\/a>, 2014-Ohio-2605, 2014 Ohio App. LEXIS 2549 (5th Dist. June 16, 2014).*<\/p>\n

The primary officer got another to get a warrant [sounds like a cop show on television: \u201cgo get a warrant\u201d] and he executed it. While at the suppression hearing the affidavit wasn\u2019t produced; the good faith exception means no suppression. [Without the affidavit, what about the \u201cso lacking in probable cause\u201d exception of Leon?] United States v. Drift, 2014 U.S. Dist. LEXIS 82635 (D. Minn. June 9, 2014).*<\/p>\n

Entry into a woman\u2019s college dorm room was justified by exigent circumstances where the police learned she was missing, didn\u2019t answer her phone, and a man used her key card to get into the dorm and her room. Defendant didn\u2019t have standing in her room when a jacket was seized from him in the room that matched one described by witnesses. Commonwealth v. Copney<\/a>, 468 Mass. 405 (June 17, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The trial court didn\u2019t abuse its discretion in quashing the subpoena for testimomy from the issuing magistrate because it would add little or nothing to the suppression hearing. State v. McElfresh, 2014-Ohio-2605, 2014 Ohio App. LEXIS 2549 (5th Dist. June … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,11,34],"tags":[],"class_list":["post-12117","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-good-faith-exception","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12117","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12117"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12117\/revisions"}],"predecessor-version":[{"id":12418,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12117\/revisions\/12418"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12117"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12117"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12117"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}