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Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence
by Anthony W. Accurso
The Supreme Court of Ohio held that the Court of Appeals erred in applying the good faith exception to the exclusionary rule where the search warrant for cellphones found at the scene of a traffic accident stated that evidence of a crime “may” be …
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More from this issue:
- The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification, by Douglas Ankney
- Op-Ed: Fix the First Step Act and Let Reformed Prisoners Out From Behind Bars – Time Credits and the Irrebuttable Presumption Doctrine, by Christopher Cobb
- Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release, by Luke Sommer, James Lockhart
- SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, by Richard Resch
- Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel, by Mark Wilson
- Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation, by Douglas Ankney
- Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence, by Anthony Accurso
- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, by Harold Hempstead
- Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve, by Douglas Ankney
- New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, by Douglas Ankney
- Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises, by Richard Resch
- California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed, by Richard Resch
- Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire, by Mark Wilson
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, by Dale Chappell
- Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial, by Matthew Clarke
- A Lie Is Still a Lie, Even if the Speaker Genuinely Believes It, by Jordan Arizmendi
- Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional, by Douglas Ankney
- California Court of Appeal Announces ‘Plausible Justification’ as Standard for Claiming Entitlement to Discovery Under Racial Justice Act of 2020, by Mark Wilson
- Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence, by Douglas Ankney
- by Eike Blohm, MD FATAL ENCOUNTERS WITH POLICE OCCUR in the U.S. with disturbing frequency, setting us apart from other Western industrial nations. A recent study published in the Annual Review of Criminology explores the drivers behind this American exce, by Jordan Arizmendi
- Study Explores Factors Underlying High Rate of American Police Killings, by Eike Blohm, MD
- Proactive Online Stings Do Little to Protect Children, by Eike Blohm, MD
- California Court Rejects Geofence Warrant, by Anthony Accurso
- News in Brief
More from Anthony Accurso:
- The Systematic Terror of Rankin County’s “Goon Squad”, May 1, 2026
- Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
- $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
- America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
- Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
- Protecting Your Digital Privacy, Oct. 15, 2025
- Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
- Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
- Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025
More from these topics:
- New Mexico Supreme Court Announces Article II, Section 10 Exclusionary Rule Governs Admissibility of Evidence Seized Outside State by Non-New Mexico Officers, Aug. 1, 2026. Warrantless Searches, Conflict of Laws/Decisions, State Constitutional Claims, Suppression, Exclusionary Rule.
- Passive Data Transforms Smart Devices Into Covert Witnesses in a Silent Surveillance State, July 1, 2026. Forensic Sciences, Police State-Surveillance, Searches - Cellphones/Computers/Internet, Electronic Surveillance, Exclusionary Rule.
- Massachusetts Supreme Judicial Court Announces Totality-of-the-Circumstances Framework for Evaluating Delayed Traffic Stops Under Article 14, Holding 24-Hour Gap Between Observed Infraction and Vehicle Stop Was Unreasonable, June 1, 2026. Motions To Suppress, State Constitutional Claims, Seizure, Pretextual Stops, Traffic Stops.
- Fourth Circuit Holds Officer’s Firearms Questioning at Outset of Traffic Stop Exceeded Permissible Scope Where Officer Abandoned Stop’s Purpose From Inception and Totality of Circumstances Did Not Support Officer-Safety Justification, May 1, 2026. Motions To Suppress, Reasonable Suspicion, Traffic Stops, Suppression, Scope of Permissible Searches.
- Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors Courts May Consider When Applying the Totality of the Circumstances Test for Determining Whether Suspect Is “In Custody” for Miranda Purposes, Feb. 1, 2026. Community Caretaking Exception/Doctrine, Traffic Stops, Self-Incrimination Clause, Custodial Interrogations, In Custody.
- Supreme Court of Maryland Announces Police Officer’s Observation of Driver Manipulating Cellphone Screen Does Not, Without Additional Facts, Establish Reasonable Suspicion for Traffic Stop Under Fourth Amendment, Feb. 1, 2026. Cell-Phones, Motions To Suppress, Reasonable Suspicion, Traffic Stops, Terry Stops.
- Minnesota Supreme Court Announces Warrantless Buccal Swab Pursuant to Discovery Order Violates Fourth Amendment, Overrules Inevitable Discovery Precedent, and Clarifies Accomplice-Corroboration Statute Applies Only to Sworn Testimony, Dec. 15, 2025. DNA Testing/Samples, Warrantless Searches, Good Faith Exception, Hearsay Evidence/Exceptions, Exclusionary Rule.
- Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025. Civil Commitment, Exclusionary Rule, Pat Down Searches, Scope of Permissible Searches, Suspicionless Searches.
- California Court of Appeal Issues Writ of Mandate Directing Superior Court to Hold Evidentiary Hearing Under State’s Racial Justice Act, Ruling Defendant Provided Sufficient Evidence to Establish Prima Facie Claim of Implicit Bias by San Diego Police, July 1, 2025. Racial Bias, Traffic Stops, Evidence - Admissibility.
- Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop, Nov. 1, 2024. Traffic Stops, Terry Stops.





