Justices say affidavits drafted by nonattorneys not subject to hypertechnical standard

Published: 10/11/2012

The Supreme Court of Ohio ruled yesterday that search-warrant affidavits should not be assessed for hypertechnical language when they are drafted by a nonattorney.

The 6-1 majority upheld the state’s claim that an Upper Arlington detective did not knowingly mislead a judge with his search-warrant affidavit that described a woman as a victim. The justices ruled that the trial court improperly assessed the request to search Lawrence Dibble’s home using a hypertechnical definition.

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