State v. Brown
142 Ohio St. 3d 92
| Ohio | 2015Background
- Three consolidated cases question whether probate judges may issue criminal search warrants; court holds they may not unless temporarily assigned by the chief justice to another division of a common pleas court; issue arises from a 2012 Alliance PD search warrant issued by Stark County Probate Division judge; suppression motions granted; Fifth District affirmed lack of authority but reversed on good-faith Leon; state appeals to Supreme Court; statute excludes probate judges from 'judge' definition in Chapters 2931–2953; no assignment by chief justice found; evidence obtained via unlawful warrant subject to exclusionary rule but good-faith exception applies; judgments affirmed and remanded for proceedings consistent with opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probate judges have authority to issue criminal search warrants. | State: probate judges can hear evidence and issue warrants as division of common pleas. | Appellees: probate judges lack authority unless properly assigned. | No authority absent chief justice assignment; remanded for proceedings consistent with ruling. |
Key Cases Cited
- In re J.V., 134 Ohio St.3d 1 (2012-Ohio-4961) (de novo review for legal question on proponent’s authority)
- State v. Cotton, 56 Ohio St.2d 8 (1978) (assignment provision for probate judge to sit in other divisions)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
- Dunbar v. State, 136 Ohio St.3d 181 (2013-Ohio-2163) (statutory interpretation; plain language rule)
