State v. Sanders, 2013 Ohio 2672

In March 2011 police executed a search warrant at 440 East York Street, Akron, and discovered drugs and weapons.
A grand jury indicted Latarris Sanders on multiple counts including heroin trafficking, cocaine possession, having weapons while under disability, child endangerment, and related offenses.
Sanders moved to suppress the evidence, arguing the warrant was void because it was signed by a visiting (retired) judge not one of the six elected Akron Municipal Court judges, and that the supporting affidavit lacked probable cause.
The trial court denied the suppression motion; Sanders pleaded no contest to several charges and was sentenced to eight years’ imprisonment. He appealed the denial of the suppression motion, raising three assignments of error.
Record shows the visiting judge had been appointed by the Ohio Chief Justice to sit in Akron Municipal Court for a limited period; the police contacted that visiting judge after failing to reach any elected municipal judges.
The affidavit supporting the warrant remained sealed on appeal; the appellate court reviewed sufficiency without revealing sealed specifics and concluded the affidavit supplied a substantial basis for probable cause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a search warrant signed by a visiting (retired) judge was void ab initio because not signed by an elected Akron Municipal Court judge	Sanders: visiting judge lacked authority to issue warrants; only elected judges may sign	State: Chief Justice may appoint/designate judges (including retired judges) to serve temporarily; such judges are judges of a court of record and may sign warrants	Warrant valid — visiting judge was a judge of a court of record under R.C. 1901.10 and Sup.R. 17; assignment overruled
Whether trial court erred by sealing the search-warrant affidavit and refusing to unseal before trial	Sanders: defense counsel were denied access to affidavit pretrial, prejudicing defense	State: sealing was not prejudicial in light of sufficiency of affidavit; issue preserved but harmless error if any	No reversible error — sealing did not prejudice Sanders given affidavit supported probable cause
Whether the affidavit provided probable cause to support issuance of the warrant	Sanders: affidavit lacks facts establishing fair probability contraband/evidence would be at the York Street residence	State: affidavit (including information beyond officer surveillance) supplied facts tying Sanders to residence and drug sales, supporting a practical common-sense finding of probable cause	Affidavit sufficient — magistrate had a substantial basis to find probable cause; assignment overruled

State v. George, 45 Ohio St.3d 325 (1989) (probable-cause review requires practical, common-sense determination and great deference to the magistrate)
Illinois v. Gates, 462 U.S. 213 (1983) (established the totality-of-the-circumstances test for probable cause and deference to magistrate)