Bad Affidavit for Drug Search Warrant / Electric Bills

A man was charged and convicted on one count of illegal
cultivation of marijuana over 1,000 grams. After pleading no contest, the man was sentenced to
maximum five years’ community control. The defendant appealed the
trial court’s decision to overturn his motion to suppress evidence
on the grounds that there was an illegal search and seizure. The defendant-appellant
claimed that the affidavit supporting the search warrant was not sufficient
to warrant probable cause for a search, therefore the search was in violation
of the defendant-appellant’s Fourth Amendment rights. In this drug
offense prosecution, trial court erred in denying motion to suppress since
issuance of warrant was improper where it was based on information obtained
under a subpoena issued for records of electric utility without a hearing
or review by a judge, R.C. 1901.20(B). The judgment was reversed and the
case will be reevaluated on the basis of this opinion.