Legal Opinion

State v. Jacob

Ohio Court of Appeals

Decided December 30, 2009No. 23033PublishedCited by 9 opinions

1Opinion of the Court

Froelich, Judge.

{¶ 1} Kevin Jacob appeals from a judgment of the Montgomery County Court of Common Pleas that denied his motions to suppress evidence and convicted him, upon his no contest pleas, of two counts of theft from an elderly person.

{¶ 2} The Ohio municipal court judge who issued the search warrant, which was to be executed in California, lacked the authority to do so, which resulted in a fundamental violation of Jacob’s Fourth Amendment rights and required suppression of the evidence obtained pursuant to the warrant. Therefore, the judgment of the trial court is reversed.

I

{¶ 3}…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Arizona v. FulminanteSupreme Court of the United States · 1991
  4. Johnson v. United StatesSupreme Court of the United States · 1948
  5. Weeks v. United StatesSupreme Court of the United States · 1914

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3Cited by9 opinions

  1. United States v. KruegerCourt of Appeals for the Tenth Circuit · 2015
  2. State v. FlemingOhio Court of Appeals · 2013
  3. Cincinnati Ins. Co. v. JacobOhio Court of Appeals · 2013
  4. In Re Search Warrant for Records From AT & TSupreme Court of New Hampshire · 2017
  5. State v. DulaneyOhio Court of Appeals · 2013

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