State v. Mirlisena

The defendant, Joseph Mirlisena, was indicted on two counts of receiving stolen property in violation of R.C. 2913.51(A), on April 10, 1984. A motion to suppress all evidence seized pursuant to the execution of a search warrant was made for the reason that the items seized were not identified in the warrant particularly and were seized as exceptions to the “plain view” doctrine.

The pertinent facts are as follows: On March 5, 1984, a Clermont County judge issued a search warrant for defendant’s residence for two specific items believed to have been stolen from Avenue Welding Company in…