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State v. Brown
142 Ohio St. 3d 92
| Ohio | 2015
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Background

  • 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)
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Case Details

Case Name: State v. Brown
Court Name: Ohio Supreme Court
Date Published: Feb 18, 2015
Citation: 142 Ohio St. 3d 92
Docket Number: Nos. 2013-1110, 2013-1111, and 2013-1112
Court Abbreviation: Ohio