· 11/1/2018
State v. Abnet
Citations
- 2018 Ohio 4506
Syllabus
Felony sentencing Community control revocation Technical violation of community control
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that the record in that case did not reflect any particular investigation or duty that delayed the officer in applying for a search warrant
- recognizing \special concerns\ regarding prolonged seizure of personal electronic devices when considering reasonableness of delay in obtaining search warrants
- applying factors resembling those in Laist and citing cases from other circuits recognizing similar factors
- distinguishing a digital tablet because it had no independent evidentiary value and a warrant was required to search its contents
- finding a month-long delay between seizure of a tablet and seeking a warrant to be unreasonable
- finding that this factor weighed substantiality in favor of the defendant where every fact set forth in the search warrant application that was 21 material to probable cause was known to the police on the same day the police seized the property in question
Source: CourtListener parenthetical corpus (CC0).
Judges: Harsha
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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