Was Search of Suspect's Computer an Unconstitutional Search and Seizure?
Nicholas Castagnola v. State of Ohio, Case no. 2013-0781
Ninth District Court of Appeals (Summit County)
In determining whether an affidavit is sufficient to establish probable cause for the issuance of a search warrant, is the inquiry limited to the four corners of the affidavit, or testimony taken by the magistrate under oath, or can it be based on inferences drawn by the affiant when those inferences were not fairly communicated to the issuing magistrate?
Does a general exploratory search for evidence on a computer meet the particularity requirement of the Fourth Amendment? Must an affidavit and search warrant authorizing the seizure and search of a computer describe with particularity the type of items to be sought, supported by probable cause to believe that those items will be found on the computer?