In Reviewing Probable Cause for Search Warrant, May Judge Consider Officer's Unrecorded Oral Statements to Court?
Despite Rule Allowing Consideration of Only Recorded Statements at Suppression Hearing
State of Ohio v. Lawrence A. Dibble, Case no. 2011-1569
Tenth District Court of Appeals (Franklin County)
ISSUE: When the defendant in a criminal case moves to suppress evidence gained through a search warrant based on a claim that the affidavit though which police obtained that warrant included false statements, may the court hearing the motion to suppress consider sworn but unrecorded oral statements officers made to the judge at the time the warrant was requested, or is the court limited to consideration of only the contents of the written affidavit pursuant to Ohio Criminal Rule 41(C)?