State v. Jiwad

In State v. Jiwad, Summit App. No. 17820, 1997 Ohio App, the appellee was a suspect in a rape. A search warrant in such case authorized the police to search his apartment for specified items, including a tube of KY Jelly and pieces of rope. During execution of the search warrant, the officers broke the lock on a two foot by four foot long black box and found items inside related to other offenses. After the trial court granted the appellee's Motion to Suppress the evidence taken from the black box, the State appealed. In reversing the judgment of the trial court, the court, in Jiwad stated in relevant part, as follows: "Police were well within the scope of the search warrant in opening the box. 'Given the nature of some of the items listed in the warrant it was 'reasonable to believe that the container could conceal items of the kind portrayed in the warrant.' United States v. Doherty (C.A. 1, 1989), 867 F.2d 47, 66, quoting United States v. Gray (C.A. 1, 1987), 814 F.2d 49, 51." 1997 Ohio App.