A search warrant shall not be issued until there is filed with the judge or magistrate an affidavit that particularly describes the place to be searched, names or describes the person to be searched, and names or describes the property to be searched for and seized; that states substantially the offense in relation to the property and that the affiant believes and has good cause to believe that the property is concealed at the place or on the person; and that states the facts upon which the affiant's belief is based. The judge or magistrate may demand other and further evidence before issuing the warrant. If the judge or magistrate is satisfied that grounds for the issuance of the warrant exist or that there is probable cause to believe that they exist, he shall issue the warrant, identifying in it the property and naming or describing the person or place to be searched.
A search warrant issued pursuant to this chapter or Criminal Rule 41 also may contain a provision waiving the statutory precondition for nonconsensual entry, as described in division (C) of section 2933.231 of the Revised Code, if the requirements of that section are satisfied.
Notes of Decisions
Cited in 43
cases (11 in the last 5 years), 1962–2026 · leading case: State v. Lumbus, 2016 Ohio 380 (Ohio Ct. App. 2016).
State v. Lumbus, 2016 Ohio 380 (Ohio Ct. App. 2016). · cites it 4ד” Second, Lumbus argues that the searches were unlawful based on R.C. 2933.23 and Crim.R. 41. {¶80} R.C. 2933.”
State v. McKnight, 837 N.E.2d 315 (Ohio 2005). “) See, also, R.C. 2933.23. “Crim.R. 41(C) requires a substantial statement of the offense in relation to the property to be seized and not the specific code number or title of that offense.”
United States v. Russell Davis, 970 F.3d 650 (6th Cir. 2020). “” Ohio Rev. Code § 2933.23. It thus permits two categories of officials to issue warrants: judges and magistrates.”
State v. Whittle, 2024 Ohio 1023 (Ohio Ct. App. 2024). · cites it 4דThis assignment is not well taken {¶28} R.C. 2933.23 governs the affidavit supporting a search warrant.”
State v. Tutt, 2015 Ohio 5145 (Ohio Ct. App. 2015). “{¶36} The Fourth Amendment to the United States Constitution and Article I, Section 14 of the Ohio Constitution protect against unreasonable searches and seizures and provide that a warrant can be issued only if probable cause for the warrant is supported by an oath or…”
State v. Pippins, 2020 Ohio 503 (Ohio Ct. App. 2020). “522 (authorizing judges of courts of common pleas to consider and issue wiretap warrants) with R.C. 2933.23 (authorizing judges or magistrates to issue a search warrant on a finding of probable cause); see also R.”
State v. Williams, 250 N.E.2d 907 (Ohio Ct. App. 1969). · cites it 2דThe search warrant stated that the cigarettes belonged to Lawson Dairy Store, Hubbard, Ohio.”
State v. Payne, 2019 Ohio 4158 (Ohio Ct. App. 2019). “R.C. 2933.23 prescribes the content of the affidavit supporting the warrant, stating “[a] search warrant shall not be issued until there is filed with the judge or magistrate an affidavit that particularly describes the place to be searched[.”
State v. Call, 220 N.E.2d 130 (Ohio Ct. App. 1965). · cites it 2ד*287 Section 2933.23 of the Bevised Code provides that a search warrant shall not be issued until there is filed with a judge or magistrate an affidavit particularly describing the house or place to be searched, the things to be searched for and seized, and alleging…”
State v. Benedict, 2022 Ohio 3600 (Ohio Ct. App. 2022). “41(C); R.C. 2933.23. Typically, this argument is raised in conjunction with a claim of staleness since some courts have underscored the importance of expert opinions in the probable-cause affidavit to establish that child-pornography collector’s tend to retain their collections…”
State v. Zinmeister, 501 N.E.2d 59 (Ohio Ct. App. 1985). “” 11 R.C. 2933.23 provides: “A warrant for search shall not be issued until there is filed with the judge or magistrate an affidavit particularly describing the house or place to be searched, the person to be seized, the things to be searched for and seized, and alleging…”
State v. Shary, 2021 Ohio 3604 (Ohio Ct. App. 2021). “41(C); R.C. 2933.23. In deciding whether probable cause exists for the issuance of a search warrant, the issuing judge must make “‘a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the “veracity” and “basis…”
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