State v. Johnson

Citations

• 2018 Ohio 169

Syllabus

Motion to suppress search warrant affidavit probable cause Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978) Illinois v. Gates, 462 U.S. 213, 294, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) R.C. 2929.51(A) sentence modification invalid. The trial court did not err in denying defendant's motion to suppress under Franks and Gates where defendant failed to support his motion by more than general denials and allegations and the controlled buy leading to issuance of the search warrant was conducted within 48 hours of the search warrant execution. The trial court lacked authority to modify defendant's sentence.