Determining Whether the Exclusionary Rule Should Be Applied Regarding a Search Warrant
What Two-Step Analysis Should Be Applied to Determine Whether the Exclusionary Rule Be Applied When An Individual Contends That Probable Cause Did Not Exist to Support the Issuance of a Warrant ?
In State v. George (1989), 45 Ohio St. 3d 325, 544 N.E.2d 640, the Supreme Court of Ohio applied a two-step analysis in order to determine whether the exclusionary rule should be applied when a defendant contends that probable cause did not exist to support the issuance of a search warrant.
The first step requires a determination of whether probable cause existed to support the issuance of the search warrant.
The second step consists of a determination whether the good faith exception to the exclusionary rule is applicable.