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OH: Hudson is premised on a valid warrant, which this was not; lack of any reference to time makes warrant void

By John Wesley Hall, Jr.

Affidavit for search "devoid of any temporal reference" was void and the good faith exception will not save it. The State's invitation to apply Hudson to save the warrant is rejected, too, because Hudson is premised on a valid warrant, which this is not. State v. Lee, 2008 Ohio 3157, 2008 Ohio App. LEXIS 2679 (1st Dist. June 27, 2008): [*P15] The state asserts that even if the affidavit failed to establish probable cause, the good-faith exception to the exclusionary rule applied here to overcome suppression of the evidence. [*P16] In support of its position, the state first urges us to reconsider our holding in Lauderdale in light of the recent United States Supreme Court decision in Hudson v. Michigan, which the state contends has severely restricted the application of the exclusionary rule...continue to full post

Full post as published by Fourth Amendment on June 29, 2008 (boomark / email).