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Case No. 2013-0781 Nicholas Castagnola v. State of Ohio Expand
 
 
May 28, 2014
05-28-2014
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Supreme Court of Ohio
 
Description
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)

ISSUES:

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?
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Case Information For Case #2013-0781
Oral Argument Preview For Case #2013-0781
Opinion Summary For Case #2013-0781
 
Tags
Ohio GovernmentJudicial BranchSupreme Court of OhioProbable CauseInferenceMagistrateFactGood FaithUnreasonable Search and SeizureTaped ConfessionAffidavitComputerVandalismRecordingEggingSheriffAddressFourth Amendment
 
Markers Transcript
 
00:00:47 Russell Bensing for Nicholas Castagnola
00:16:36 Heaven DiMartino for the state
00:32:40 Summation: Russell Bensing for Nicholas Castagnola
There is no transcript for this video.
Note : Transcripts are compiled from uncorrected captions
 
 
 
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