Criminal Rule 41 & R.C. 2933.21, State v. Jacob, 2009-Ohio-7048
The Second District Court of Appeals of Montgomery County, Ohio, reversed a trial court's decision overruling a motion to suppress evidence that was seized in California based on a warrant issued by the Miamisburg, Ohio, Municipal Court. As the Court of Appeals pointed out, Criminal Rule 41 allows judges to issue warrants to search and seize property within the court's territorial jurisdiction, and Revised Code Section 2933.21 states that a judge may "within his jurisdiction" issue warrants to search a house or place. Since California is not within the jurisdiction of any Ohio court, the warrant was invalid and no reasonable police officer could rely on it in conducting the search and/or seizure of evidence. Read the case by clicking here.
