Must Clerk of Courts Submit Private Citizen's Affidavit Alleging Crime To Prosecutor or Judge for Review?
Before Accepting Complaint Against Alleged Offender
State of Ohio v. Mor Mbodji, Case no. 2010-0819
1st District Court of Appeals (Hamilton County)
ISSUE: When a private citizen presents to a clerk of courts an affidavit setting forth the details of a crime he or she allegedly witnessed and a sworn complaint identifying the offender and identifying the crime by its essential facts and statutory designation, may the clerk immediately issue a valid arrest warrant based on the affidavit and complaint without first forwarding them for review by a person designated under R.C. 2935.09 as a "reviewing official?"
For more information about this case, follow this link: http://www.supremecourt.ohio.gov/PIO/oralArguments/11/0302/0302.asp