Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

OH2: Ohio judge cannot issue a SW to be executed in California

By John Wesley Hall, Jr.

Ohio judge issued a search warrant which was executed in California, and this violated the Fourth Amendment. State v. Jacob, 2009 Ohio 7048, 2009 Ohio App. LEXIS 5903 (2d Dist. December 30, 2009): [*P25] We agree that, in Jacob's situation, a violation of statutory provisions that a judge can issue a valid search warrant only within his or her court's jurisdiction is a fundamental violation of Fourth Amendment principles. As Justice Holmes said in a different context in Silverthorne Lumber Co. v. United States (1920), 251 U.S. 385, 40 S.Ct. 182, 64 L.Ed. 319, T.D. 2984, 17 Ohio L. Rep. 514, a line must be drawn somewhere to prevent the Fourth Amendment's guarantee against unreasonable searches and seizures from becoming no more than a "form of words...continue to full post

Full post as published by Fourth Amendment on January 07, 2010 (boomark / email).