State v. Brown

Summary

The Ohio Supreme Court held that a probate judge generally lacks authority to issue search warrants in criminal matters because Ohio statutes exclude probate judges from the relevant definitions of “judge” and “court.” The court recognized an exception when the probate judge has been assigned by the chief justice to sit temporarily in another division of the court of common pleas, but found that exception inapplicable here. The court nevertheless upheld application of the federal good-faith exception to the exclusionary rule and remanded the cases for further proceedings.

Holdings

1. Unless assigned by the chief justice under Article IV, Section 5(A)(3) of the Ohio Constitution to temporarily sit or hold court in another division of a court of common pleas, a probate judge lacks authority to issue a search warrant in a criminal matter.
2. The good-faith exception to the exclusionary rule applies when law-enforcement officers reasonably rely on a search warrant issued by a detached and neutral magistrate, even if the warrant is later determined to be unlawful.

Questions Presented

1. Whether a probate judge has authority to hear evidence and issue a search warrant in a criminal matter.
2. Whether the evidence obtained under the unlawful warrant was subject to suppression or was admissible under the good-faith exception to the exclusionary rule.

Disposition

affirmed