Cleveland, OH asked in Criminal Law for Ohio

Q: In Ohio can a detective get a juvenile court Judge to sign a search warrant with hear say evidence?

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1 Lawyer Answer
Marcus A. Ross
Marcus A. Ross
  • Criminal Law Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: Typically a Judge has to feel there is sufficient probable cause to obtain a search warrant. That can be a credible statement or tip from a reliable trustworthy informant that there is criminal activity.

The investigative detective typically executes a sworn affidavit based on independent eyewitness testimony, physical/forensic evidence(Ex: blood,urine,,breath sample in DUI/OVI case,Rape Kit in Sexual Assault,Gun Shot Residue in firearms case,), Body Worn camera or Surveilance Video footage,etc. which is the basis of the request for the warrant. However the threshold criteria for probable cause is based on the “totality of the circumstances” so it can vary for each Judge as it relates to issuing a search warrant or arrest warrant. It is a case by case, fact sensitive inquiry so it depends on whether the Judge feels the threshold facts for probable cause are present.

Dimitrios Makridis agrees with this answer

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