State v. Weprin

Citations

• 2024 Ohio 2469

Syllabus

The trial court did not err in overruling appellant's motion to suppress. The judge who issued the search warrant had a substantial basis for finding probable cause that evidence of a crime would be found at appellant's home. The search warrant affiant did not intentionally or recklessly omit pertinent information from his affidavit. Even if a prior recantation by the victim in an earlier case against appellant had been included in the affidavit, that information was not exculpatory and would not have altered the finding of probable cause, because lengthy and detailed allegations were made in this case which were not recanted. The State concedes that the trial court failed to properly advise appellant of Reagan Tokes Act notifications and failed to properly advise appellant regarding post-release control at sentencing. Judgment reversed in part and remanded for resentencing consistent with this opinion judgment affirmed in all other respects.