{"id":52474,"date":"2022-06-01T07:24:28","date_gmt":"2022-06-01T12:24:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52474"},"modified":"2022-06-01T07:24:28","modified_gmt":"2022-06-01T12:24:28","slug":"oh4-allegation-of-delay-in-sw-execution-until-def-was-present-didnt-make-it-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52474","title":{"rendered":"OH4: Allegation of delay in SW execution until def was present didn&#8217;t make it unreasonable"},"content":{"rendered":"\n<p>The officers\u2019 delay in executing the search warrant for defendant\u2019s property until he was there so he could be searched, too, was not unreasonable. The warrant had not gone stale by the time it was executed. <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/4\/2022\/2022-Ohio-1812.pdf\">State v. Alexander<\/a>, 2022-Ohio-1812, 2022 Ohio App. LEXIS 1682 (4th Dist. May 24, 2022).<\/p>\n\n\n\n<p>The state search warrant for database alteration was argued to have been issued in excess of jurisdiction. The computer was allegedly in the issuing court\u2019s jurisdiction, and that was founded on probable cause. United States v. Naheed Mangi, 2022 U.S. Dist. LEXIS 96813 (N.D.Cal. May 31, 2022).<\/p>\n\n\n\n<p>Plaintiff\u2019s claim under Thompson v. Clark fails. With all that he alleges, the state court judge still could have found probable cause on the totality for the prosecution to be initiated. <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010110690693.pdf\">Moses-El v. City &amp; Cnty. of Denver<\/a>, 2022 U.S. App. LEXIS 14847 (10th Cir. May 31, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officers\u2019 delay in executing the search warrant for defendant\u2019s property until he was there so he could be searched, too, was not unreasonable. The warrant had not gone stale by the time it was executed. State v. Alexander, 2022-Ohio-1812, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52474\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[91,63,16,37],"tags":[],"class_list":["post-52474","post","type-post","status-publish","format-standard","hentry","category-neutral-and-detached-magistrate","category-reasonableness","category-warrant-execution","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52474","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=52474"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52474\/revisions"}],"predecessor-version":[{"id":52475,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52474\/revisions\/52475"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52474"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52474"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52474"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}