State v. Misch

The defendant moves for an order suppressing all physical evidence collected by the state under the auspices of an allegedly invalid search warrant.

After hearings April 13 and May 14, 1970, and consideration of evidence, counsel briefs and the law, the motion is overruled. Exceptions are noted for the defendant.

It is so ordered.

The affidavit for the search warrant which was submitted to the issuing magistrate, standing alone, is insufficient to justify the warrant. It neither complies with Section 2933.22, Revised Code, which calls for probable cause * * *

“A warrant of search or seizure shall…