reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.04 | Warrant to Keep the Peace - Hearing.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
When the accused in brought before the municipal, county, or mayor's court pursuant to sections 2933.02 and 2933.03 of the Revised Code, he shall be heard in his defense. If it is necessary for just cause to adjourn the hearing, the municipal or county court judge or mayor involved may order such adjournment. The judge or mayor also may direct the sheriff or other peace officer having custody of the accused to detain him in the county jail or other appropriate detention facility until the cause of delay is removed, unless a bond in a sum fixed by the judge or mayor but not to exceed five hundred dollars, with sufficient surety, is given by the accused. A delay shall not exceed two days.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.05 | Warrant to Keep the Peace - Disposition, Bond, Costs.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
The municipal or county court judge or mayor sitting as the judge of a mayor's court, upon the appearance of the parties pursuant to sections 2933.02 to 2933.04 of the Revised Code, shall hear the witnesses under oath and do one of the following:
(A) Discharge the accused, render judgment against the complainant for costs, and award execution for the costs;
(B) Order the accused to enter into a bond of not less than fifty or more than five hundred dollars, with sufficient surety, to keep the peace and be of good behavior for such time as may be just, render judgment against him for costs, and award execution for the costs.
In default of such bond, the judge or mayor shall commit the accused to the county jail or other appropriate detention facility, until such order is complied with or he is discharged.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.06 | Warrant to Keep the Peace - Appeal.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
The accused under sections 2933.02 to 2933.05 of the Revised Code may appeal from the decision of a municipal or county court judge to the appropriate court of appeals or from the decision of a mayor sitting as the judge of a mayor's court to the appropriate municipal or county court. An appeal from the decision of a municipal or county court judge to the appropriate court of appeals shall be only as to questions of law and, to the extent that sections 2933.06 to 2933.09 of the Revised Code do not contain relevant provisions, shall be made and proceed in accordance with the Rules of Appellate Procedure. An appeal from the decision of a mayor sitting as the judge of a mayor's court to the appropriate municipal or county court shall be as to questions of law and fact, and shall be made and proceed in accordance with sections 2933.06 to 2933.09 of the Revised Code.
In connection with either type of appeal, the accused shall file with the clerk of the municipal, county, or mayor's court, within ten days after the decision is rendered, an appeal bond in a sum to be fixed by the judge or mayor at not less than fifty or more than five hundred dollars, with surety to be approved by the judge or mayor, conditioned that, pending the determination of the appeal, the accused will keep the peace and will be of good behavior generally and especially towards the person named in the complaint. Upon the filing of the appeal bond, the clerk of the municipal, county, or mayor's court forthwith shall make a certified transcript of the proceedings in the action, the appeal bond to be included. Upon the payment by the appellant of the fee for the transcript, the clerk immediately shall file the transcript and all the original papers in the action in the office of the clerk of the appellate court.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.07 | Warrant to Keep the Peace - Failure to Prosecute Appeal.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
In the case of an appeal from the decision of a mayor sitting as the judge of a mayor's court to the appropriate municipal or county court, no further pleadings shall be required. If the complainant fails to prosecute in such an appeal, the accused shall be discharged unless good cause to the contrary is shown, and the municipal or county court shall render judgment against the complainant for the costs of prosecution and award execution for the costs.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.08 | Warrant to Keep the Peace - Hearing on Appeal.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
In the case of an appeal from the decision of a mayor sitting as the judge of a mayor's court to the appropriate municipal or county court, the municipal or county court shall set a time for the hearing of that appeal and, at that time, shall hear the witnesses under oath, and either discharge the accused, render judgment against the complainant for costs, and award execution for the costs, or order the accused to enter into a bond, for such time as may be just, to keep the peace and be of good behavior, render judgment against him for costs, and award execution for the costs.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.09 | Warrant to Keep the Peace - Failure to Enter Into Bond.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
In the case of an appeal from the decision of a mayor sitting as the judge of a mayor's court to the appropriate municipal or county court, if the accused fails to enter into a bond ordered pursuant to section 2933.08 of the Revised Code, the municipal or county court shall commit the accused to jail until he enters into a bond or is discharged by law, and shall render judgment against him for costs and award execution for the costs. He shall not be imprisoned longer than one year.
After such a commitment following such an appeal, or after a commitment of not more than one year for not entering into a bond ordered pursuant to section 2933.05 of the Revised Code, if such an appeal was not taken, the court may at any time discharge the accused on his own recognizance.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.10 | Warrant to Keep the Peace - Acts Committed in Presence of Court.

Effective:
April 19, 1988
Latest Legislation:
House Bill 708 - 117th General Assembly
Whoever, in the presence of a municipal or county court judge, or a mayor sitting as the judge of a mayor's court, makes an affray, threatens to beat or kill another or to commit an offense against the person or property of another, or contends with angry words to the disturbance of the peace, may be ordered without process or other proof to enter into a bond under section 2933.05 of the Revised Code. In default of such a bond, the person may be committed under that section.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.21 | Issuance of Search Warrants.

Effective:
June 13, 1975
Latest Legislation:
House Bill 1 - 111th General Assembly
A judge of a court of record may, within his jurisdiction, issue warrants to search a house or place:
(A) For property stolen, taken by robbers, embezzled, or obtained under false pretense;
(B) For weapons, implements, tools, instruments, articles or property used as a means of the commission of a crime, or when any of the objects or articles are in the possession of another person with the intent to use them as a means of committing crime;
(C) For forged or counterfeit coins, stamps, imprints, labels, trade-marks, bank bills, or other instruments of writing, and dies, plates, stamps, or brands for making them;
(D) For obscene materials and materials harmful to minors involved in a violation of section 2907.31 or 2907.32 of the Revised Code, but only so much of such materials shall be seized as are necessary for evidence in a prosecution of the violation;
(E) For gaming table, establishment, device, or apparatus kept or exhibited for unlawful gaming, or to win or gain money or other property, and for money or property won by unlawful gaming;
(F) For the existence of physical conditions which are or may become hazardous to the public health, safety, or welfare, when governmental inspections of property are authorized or required by law.
The enumeration of certain property and material in this section shall not affect or modify other laws for search and seizure.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.22 | Probable Cause for Search Warrant.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
(A) A warrant of search or seizure shall issue only upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the property and things to be seized.
(B) A warrant of search to conduct an inspection of property shall issue only upon probable cause to believe that conditions exist upon such property which are or may become hazardous to the public health, safety, or welfare.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.23 | Search Warrant Affidavit.

Effective:
November 20, 1990
Latest Legislation:
Senate Bill 258 - 118th General Assembly
A search warrant shall not be issued until there is filed with the judge or magistrate an affidavit that particularly describes the place to be searched, names or describes the person to be searched, and names or describes the property to be searched for and seized; that states substantially the offense in relation to the property and that the affiant believes and has good cause to believe that the property is concealed at the place or on the person; and that states the facts upon which the affiant's belief is based. The judge or magistrate may demand other and further evidence before issuing the warrant. If the judge or magistrate is satisfied that grounds for the issuance of the warrant exist or that there is probable cause to believe that they exist, he shall issue the warrant, identifying in it the property and naming or describing the person or place to be searched.
A search warrant issued pursuant to this chapter or Criminal Rule 41 also may contain a provision waiving the statutory precondition for nonconsensual entry, as described in division (C) of section 2933.231 of the Revised Code, if the requirements of that section are satisfied.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.24 | Contents of Search Warrant - Report of Physical Conditions.

Effective:
October 21, 2005
Latest Legislation:
House Bill 34 - 126th General Assembly
(A) A search warrant shall be directed to the proper law enforcement officer or other authorized individual and, by a copy of the affidavit inserted in it or annexed and referred to in it, shall show or recite all the material facts alleged in the affidavit, and particularly name or describe the property to be searched for and seized, the place to be searched, and the person to be searched. If a waiver of the statutory precondition for nonconsensual entry, as defined in division (A) of section 2933.231 of the Revised Code, has been granted pursuant to that section, the warrant also shall contain a provision as described in division (C) of that section.
The warrant shall command the officer or individual to search the place or person named or described for the property, and to bring them, together with the person, before the judge or magistrate. The command of the warrant shall be that the search be made in the daytime, unless there is urgent necessity for a search in the night, in which case a search in the night may be ordered.
The warrant shall be returned promptly by the officer or individual holding it. It shall designate the judge or magistrate to whom it shall be returned, if such judge or magistrate is available.
(B) When a search warrant commands a proper law enforcement officer or other authorized individual to inspect physical conditions relating to public health, safety, or welfare, such officer or individual, upon completion of the search, shall complete a report of the conditions and file a copy of such report with the officer's or individual's agency headquarters.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.241 | Return and Inventory of Property.

Effective:
October 14, 1963
Latest Legislation:
House Bill 418 - 105th General Assembly
The officer taking property under a warrant for search shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken and shall be verified by the officer. The judge or magistrate shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.25 | Form of Search Warrant.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
Warrants issued under section 2933.21 of the Revised Code shall be substantially in the following form:
State of Ohio, _______________________ County, ss:
To the sheriff (or other officer) of said County, greeting:
Whereas there has been filed with me an affidavit, of which the following is a copy (here copy the affidavit).
These are, therefore, to command you in the name of the State of Ohio, with the necessary and proper assistance, to enter, in the daytime (or in the nighttime) into (here describe the house or place as in the affidavit) of the said _______________ of the township of ________________ in the County aforesaid, and there diligently search for the said goods and chattels, or articles, to wit: here describe the articles as in the affidavit) and that you bring the same or any part thereof, found on such search, and also the body of E.F., forthwith before me, or some other judge or magistrate of the county having cognizance thereof to be disposed of and dealt with according to law.
Given under my hand, this __________ day of
A.B., Judge, County Court
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.26 | Seized Property to Be Kept by Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a warrant is executed by the seizure of property or things described therein, such property or things shall be kept by the judge, clerk, or magistrate to be used as evidence.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.27 | Keeping of Seized Property Until Trial.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, upon examination, the judge or magistrate is satisfied that the offense charged with reference to the things seized under a search warrant has been committed, he shall keep such things or deliver them to the sheriff of the county, to be kept until the accused is tried or the claimant's right is otherwise ascertained.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.29 | Gambling or Gaming Property Seized Liable for Fines.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon conviction of a person for keeping a room or place to be used for gambling, or knowingly permitting gambling to be conducted therein, or permitting a game to be played for gain, or a gaming device for gain, money, or other property or for betting, or gambling, or permitting such device to be so used, or for being without a fixed residence and in the habit of gambling, if money or other property won in gaming is found in his possession, such money or other property is subject to seizure and payment of a judgment which may be rendered against him, growing out of such violation.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.30 | Search for Dead Human Bodies.

Effective:
January 1, 1958
Latest Legislation:
House Bill 937 - 102nd General Assembly
When an affidavit is filed before a judge or magistrate, alleging that affiant has reason to believe and does believe that a dead human body, procured or obtained contrary to law, is secreted in a building or place in the county, therein particularly specified, such judge or magistrate, taking with him a judge of a county court, or if within a municipal corporation, two officers of such corporation, may enter, inspect, and search said building or place for such body. In making such search, they have the powers of officers executing warrants of search.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.31 | Search in Case of Animal Law Violations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When complaint is made, on oath or affirmation to a judge or magistrate, that the complainant believes that the law relating to or affecting animals is being, or is about to be violated in a particular building or place, such judge or magistrate shall forthwith issue and deliver a warrant, directed to any sheriff, deputy sheriff, marshal, deputy marshal, watchman, police officer, or agent of a society for the prevention of cruelty to animals, authorizing him to enter and search such building or place and arrest all persons there violating, or attempting to violate, such law, and bring such persons before a judge or magistrate within the county within which such offense has been committed.
An attempt to violate such law relating to animals is a violation thereof.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.33 | Search of Premises for Illegal Manufacture of Methamphetamine.

Effective:
May 17, 2006
Latest Legislation:
Senate Bill 53 - 126th General Assembly
(A) If a law enforcement officer has probable cause to believe that particular premises are used for the illegal manufacture of methamphetamine, for the purpose of conducting a search of the premises without a warrant, the risk of explosion or fire from the illegal manufacture of methamphetamine causing injury to the public constitutes exigent circumstances and reasonable grounds to believe that there is an immediate need to protect the lives, or property, of the officer and other individuals in the vicinity of the illegal manufacture.
(B) As used in this section, "methamphetamine" has the same meaning as in section 2925.01 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.521 | Divulging Content of Electronic Communications Service.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
(A) Except as provided in division (B) of this section, no person or entity that provides electronic communication service to the public shall purposely divulge the content of a communication, while it is in transmission on that service, to a person or entity other than an addressee or intended recipient of the communication or an agent of an addressee or intended recipient of the communication.
(B)(1) Division (A) of this section does not apply to a communication being transmitted to the person or entity providing the electronic communication service or to an agent of that person or entity.
(2) Notwithstanding division (A) of this section, a person or entity that provides electronic communication service to the public may divulge the content of a communication that is in transmission on that service in any of the following circumstances:
(a) The divulgence is authorized by division (B)(2) of section 2933.52, by section 2933.581, by division (C) of section 2933.55, or by division (F) or (G) of section 2933.59 of the Revised Code or by a provision of the "Electronic Communications Privacy Act of 1986," 100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.
(b) The originator or an addressee or intended recipient of the communication has lawfully consented to the divulgence.
(c) The divulgence is made to a person who is employed or authorized, or whose facilities are used, to forward the communication to its destination.
(d) The content of the communication divulged was inadvertently obtained by the provider of the service, the content appears to pertain to the commission of a crime, and the divulgence is made to a law enforcement agency.
(C) Neither division (A) of this section nor any other provision of sections 2933.51 to 2933.66 of the Revised Code prohibits a provider of electronic communication service from recording the fact that a wire or electronic communication was initiated or completed, in order to protect the provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of the electronic communication service from fraudulent, unlawful, or abusive use of the electronic communication service.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.522 | Interception Warrants.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
A judge of a court of common pleas, in accordance with sections 2933.51 to 2933.66 of the Revised Code, may accept applications for interception warrants, may issue interception warrants, may accept applications for extensions of interception warrants, may order extensions of interception warrants, may accept applications for grants of oral orders for interceptions, may grant oral orders for interceptions, and may issue other orders, perform other functions, or engage in other activities authorized or required by sections 2933.51 to 2933.66 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.58 | Prosecutor's Instructions to Investigative Officers.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
(A) Upon the issuance of an interception warrant pursuant to section 2933.54 of the Revised Code and prior to the execution of the warrant or upon a grant of an oral order for an interception under section 2933.57 of the Revised Code, the prosecuting attorney or assistant prosecuting attorney who authorized the application for the warrant or the oral approval shall instruct the investigative officers who are authorized to intercept the communications regarding the application and interpretation of divisions (A), (B), and (C) of section 2317.02 of the Revised Code. The prosecuting attorney or assistant prosecuting attorney who authorized the application or the oral order also shall instruct the officers to minimize the interception of communications that are not subject to the warrant or oral order and shall inform the officers of the procedures to be followed if communications concerning another offense are intercepted. If individuals operating under a contract to provide interception services as described in section 2933.59 of the Revised Code are involved in the interception, the prosecuting attorney or assistant prosecuting attorney who authorized the application for the warrant or the oral order also shall give the instructions and information under this division to those individuals.
(B) Investigative officers who are authorized to intercept communications pursuant to an interception warrant or pursuant to an oral order for an interception granted under section 2933.57 of the Revised Code and individuals who are operating under a contract to provide interception services as described in section 2933.59 of the Revised Code shall monitor the receiver of the interception device at all times during the time period for which the interception is authorized. All communications shall be intercepted only in accordance with the warrant or the oral order.
(C) An interception warrant issued pursuant to sections 2933.53 to 2933.55 of the Revised Code or an oral order for an interception granted under section 2933.57 of the Revised Code authorizes the interception of wire, oral, or electronic communications or the installation of an interception device within the jurisdiction of the court of common pleas served by the judge who issued the warrant or granted the oral order. The warrant or oral order is valid at any place if the interception device is installed within the jurisdiction of the judge who issued the warrant or granted the oral order and is then moved to another place by persons other than the investigative officers.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.591 | Giving Warning of Possible Surveillance.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
(A) No person who knows that an application for an interception warrant has been authorized or made under section 2933.53 of the Revised Code, that an interception warrant has been issued under section 2933.54 of the Revised Code, that an application for an extension of an interception warrant has been filed under section 2933.53 of the Revised Code, that an extension of an interception warrant has been ordered under that section, that an application for a grant of an oral order for an interception has been made under section 2933.57 of the Revised Code, or that oral order for an interception has been granted under section 2933.57 of the Revised Code, with purpose to obstruct, impede, or prevent the interception in question, shall give notice or attempt to give notice of the possible interception to a person.
(B) Whoever violates division (A) of this section is guilty of giving warning of possible surveillance, a felony of the third degree.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.60 | Reports of Interception Warrants by Judges and Prosecutors,.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
(A) Within thirty days after the expiration of an interception warrant, the expiration of an extension of an interception warrant, or the denial of an application for an interception warrant, the judge of a court of common pleas who issued the warrant or extension or denied the application shall report all of the following to the administrative office of the United States courts and to the attorney general of this state:
(1) The fact that an application was made for an interception warrant or extension of an interception warrant;
(2) The kind of interception warrant or extension for which application was made, including a statement of whether the warrant or extension was or was not one to which the requirements of division (B)(3)(c) of section 2933.53 and division (A)(5) of section 2933.54 of the Revised Code did not apply due to the application of division (G)(1) of section 2933.53 of the Revised Code;
(3) The fact that the interception warrant or extension was granted as applied for or was denied;
(4) The period of interception authorized by the interception warrant, and the number and duration of any extensions of the warrant;
(5) The designated offenses specified in the interception warrant, application, or extension;
(6) The identity of the person who made the application, any person who executed any accompanying affidavit to an application, and the prosecuting attorney or assistant prosecuting attorney who authorized the application;
(7) The nature of the facilities from which, or the place at which, communications are to be intercepted.
(B) In January of each year, the prosecuting attorney of each county shall report to the administrative office of the United States courts and to the attorney general of this state all information that is required to be reported by subsection (2) of section 2519 of the "Omnibus Crime Control and Safe Streets Act of 1968," 82 Stat. 197, 18 U.S.C. 2519 (1968), as amended.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.61 | Serving Inventory of Interception Warrant.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
(A) Within a reasonable time not later than ninety days after the filing of an application for an interception warrant that is denied or after the termination of the period of an interception warrant or any extensions of an interception warrant, the judge of a court of common pleas who issued the warrant or extension or denied the application shall cause to be served on the persons named in the application or the interception warrant, and on any other parties to intercepted wire, oral, or electronic communications that the judge determines in the judge's discretion should be notified in the interest of justice, an inventory that shall include notice of all of the following:
(1) The fact that an interception warrant was issued or that application for one was made;
(2) The date the interception warrant was issued and the period of authorized, approved, or disapproved interception or the date of the denial of the application;
(3) The fact that during the stated period wire, oral, or electronic communications were or were not intercepted.
(B) A judge of the court of common pleas of the county, upon the filing of a motion for inspection, in the judge's discretion, may make available for inspection to the person filing the motion or the person's counsel any portions of intercepted wire, oral, or electronic communications, applications for interception warrants, or interception warrants that the judge determines to be in the interest of justice. Upon an ex parte showing of good cause to a judge of a court of common pleas who denied the issuance of or issued an interception warrant, the judge may postpone the serving of the inventory required by this section for a specified period of time.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.62 | Receiving Evidence From Intercepted Wire, Oral, or Electronic Communication.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
(A) No part of the contents, and no evidence derived from the contents, of any intercepted wire, oral, or electronic communication shall be received in evidence in any trial, hearing, or other proceedings in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of this state or of a political subdivision of this state, if the disclosure of that information is in violation of sections 2933.51 to 2933.66 of the Revised Code.
(B) The contents, or any evidence derived from the contents, of any wire, oral, or electronic communication intercepted pursuant to sections 2933.51 to 2933.66 of the Revised Code shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding held under the authority of this state, other than a proceeding or session of the grand jury, unless each party has been furnished not less than ten days before the trial, hearing, or proceeding, with a copy of the interception warrant and the related application, or a written representation of a judge of a court of common pleas or of a prosecuting attorney or specifically designated assistant prosecuting attorney that an oral order for an interception has been granted pursuant to section 2933.57 of the Revised Code, under which the interception was authorized or approved. The judge or other officer conducting the trial, hearing, or other proceeding may waive the ten-day period if the judge or officer finds that it was not possible to furnish the party with the above information at least ten days before the trial, hearing, or proceeding, and that the party will not be prejudiced by the delay in receiving the information.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.63 | Motion to Suppress Evidence From Intercepted Wire, Oral, or Electronic Communication.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
(A) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of this state or of a political subdivision of this state, other than a grand jury, may request the involved court, department, officer, agency, body, or authority, by motion, to suppress the contents, or evidence derived from the contents, of a wire, oral, or electronic communication intercepted pursuant to sections 2933.51 to 2933.66 of the Revised Code for any of the following reasons:
(1) The communication was unlawfully intercepted.
(2) The interception warrant under which the communication was intercepted is insufficient on its face.
(3) The interception was not made in conformity with the interception warrant or an oral order for an interception granted under section 2933.57 of the Revised Code.
(4) The communications are of a privileged character and a special need for their interception is not shown or is inadequate as shown.
(B) Any motion filed pursuant to division (A) of this section shall be made before the trial, hearing, or proceeding at which the contents, or evidence derived from the contents, is to be used, unless there was no opportunity to make the motion or the aggrieved person was not aware of the intercepted communications or the grounds of the motion. Upon the filing of the motion by the aggrieved person, the judge or other officer conducting the trial, hearing, or proceeding may make available to the aggrieved person or the person's counsel for inspection any portions of the intercepted communication or evidence derived from the intercepted communication as the judge or other officer determines to be in the interest of justice. If the judge or other officer grants the motion to suppress evidence pursuant to this section, the contents, or the evidence derived from the contents, of the intercepted wire, oral, or electronic communications shall be treated as having been obtained in violation of the law, and the contents and evidence derived from the contents shall not be received in evidence in any trial, hearing, or proceeding.
(C) In addition to any other right to appeal, the state shall have an appeal as of right from an order granting a motion to suppress the contents, or evidence derived from the contents, of a wire, oral, or electronic communication that was intercepted pursuant to an interception warrant or an oral order for an interception granted under section 2933.57 of the Revised Code, or the denial of an application for an interception warrant, if the state's representative certifies to the judge or other official who granted the motion or denied the application that the appeal is not taken for purposes of delay. Any appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.64 | Training in Legal and Technical Aspects of Wiretapping and Electronic Surveillance.

Effective:
December 2, 1996
Latest Legislation:
House Bill 670 - 121st General Assembly
The attorney general and the Ohio peace officer training commission, pursuant to Chapter 109. of the Revised Code, shall establish a course of training in the legal and technical aspects of wiretapping and electronic surveillance, shall establish regulations that they find necessary and proper for the training program, and shall establish minimum standards for certification and periodic recertification for investigative officers to be eligible to conduct wiretapping or electronic surveillance under sections 2933.51 to 2933.66 of the Revised Code. The commission shall charge each investigative officer who enrolls in this training a reasonable enrollment fee to offset the cost of the training.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.65 | Civil and Criminal Actions for Wiretapping and Electronic Surveillance Violations.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
(A) A person whose wire, oral, or electronic communications are intercepted, disclosed, or intentionally used in violation of sections 2933.51 to 2933.66 of the Revised Code may bring a civil action to recover from the person or entity that engaged in the violation any relief that may be appropriate and that includes, but is not limited to, the following:
(1) The preliminary and other equitable or declaratory relief that is appropriate;
(2) Whichever of the following is greater:
(a) Liquidated damages computed at a rate of two hundred dollars per day for each day of violation or liquidated damages of ten thousand dollars, whichever is greater;
(b) The sum of actual damages suffered by the plaintiff and the profits, if any, made as a result of the violation by the person or entity that engaged in the violation.
(3) Punitive damages, if appropriate;
(4) Reasonable attorney's fees and other litigation expenses that are reasonably incurred in bringing the civil action.
(B) Good faith reliance on an interception warrant, extension of an interception warrant, other court order, a grant of an oral order for an interception, a grand jury subpoena, a legislative or statutory authorization, or a good faith determination that divisions (A) and (B) of section 2933.521 of the Revised Code permitted the conduct that is the subject of a complaint is a complete defense to a civil action or criminal action that is brought under the laws of this state and that arises out of the execution of the warrant or the oral order.
(C) A claimant who brings a civil action under division (A) of this section shall commence the civil action within two years after the date on which the claimant first has a reasonable opportunity to discover the violation.
(D) The remedies and sanctions described in sections 2933.51 to 2933.66 of the Revised Code with respect to the interception of wire, oral, or electronic communications are the only judicial remedies and sanctions for violations of those sections involving those types of communications that are not violations of the constitution of the United States or of this state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.66 | Conform Proceedings or Issuance of Order to Federal and State Constitutions.

Effective:
June 13, 1996
Latest Legislation:
House Bill 181 - 121st General Assembly
Notwithstanding any provision of sections 2933.51 to 2933.65 of the Revised Code, a judge of a court of common pleas to whom an application for an interception warrant, an extension of an interception warrant, an oral order for an interception, or another purpose is made pursuant to sections 2933.51 to 2933.65 of the Revised Code may take evidence, make a finding, or issue an order to conform the proceedings or the issuance of an order to the constitution of the United States or of this state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.77 | Information, Facilities or Technical Assistance to Officer as to Installation and Use of a Pen Register or a Trap and Trace Device.

Effective:
March 30, 1999
Latest Legislation:
House Bill 565 - 122nd General Assembly
(A) If an order issued under section 2933.76 of the Revised Code authorizing the installation and use of a pen register or a trap and trace device directs a provider of wire or electronic communication service, landlord, custodian, or other person to furnish information, facilities, and technical assistance to accomplish the installation and operation of the pen register or trap and trace device, that provider, landlord, custodian, or other person, in accordance with the order, shall furnish the law enforcement officer or investigative officer with all information, facilities, and technical assistance necessary to accomplish the installation and operation of the pen register or trap and trace device unobtrusively and with a minimum of interference with the service accorded by the provider, landlord, custodian, or other person to the person with respect to whom the installation and operation are to take place. If an order issued under that section requires a provider of wire or electronic communication service to install and operate a trap and trace device, the provider, in accordance with the order, shall install and operate the device.
(B) The investigative or law enforcement agency conducting the criminal investigation to which the order issued under section 2933.76 of the Revised Code for the installation and use of a pen register or a trap and trace device relates shall provide reasonable compensation to a provider of wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance in accordance with the order for any reasonable expenses the provider, landlord, custodian, or other person incurs in furnishing the facilities or technical assistance.
(C) A provider of wire or electronic communication service, an officer, employee, or agent of that provider, or a landlord, custodian, or other specified person is immune from civil or criminal liability in any action that arises from the provision of information, facilities, or technical assistance in accordance with the terms of an order of a court issued under section 2933.76 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.821 | Annual Summary Report on Sexual Assault Examination Kits.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section, "governmental evidence-retention entity" has the same meaning as in section 2933.82 of the Revised Code.
(B) Within one hundred eighty days after the effective date of this section, and annually thereafter, all governmental evidence-retention entities that receive, maintain, store, or preserve sexual assault evidence kits shall submit a report containing all of the following information to the attorney general:
(1) The total number of all tested and untested sexual assault examination kits in possession of each governmental evidence-retention entity, and for each untested kit whether the sexual assault was reported to law enforcement or whether the victim chose not to file a report with law enforcement.
(2) If the governmental evidence-retention entity is a medical facility, the date each untested sexual assault examination kit was reported to law enforcement, if applicable, and the date the kit was delivered to the medical facility.
(3) If the governmental evidence-retention entity is a law enforcement agency, the date each untested sexual assault examination kit was received from a medical facility, the date the kit was submitted to a crime laboratory, or for any kit not submitted to a crime laboratory, the reason the kit was not submitted.
(4) If an untested sexual assault examination kit belongs to another jurisdiction, the date that jurisdiction was notified and the date the kit was retrieved by that jurisdiction, if applicable.
(5) If the governmental evidence-retention entity is a crime laboratory:
(a) The date each sexual assault examination kit was received from law enforcement and from which agency the kit was received;
(b) The date the kit was tested, if applicable;
(c) The date the kit test results were entered into the combined DNA index system maintained by the bureau of criminal identification and investigation or other relevant state or local DNA databases, if applicable, or if a DNA profile has not been created, the reason it was not created;
(d) For untested kits, the reason the kit has not been tested;
(e) The total number of kits in possession of the entity for more than thirty days;
(f) The total number of kits destroyed and the reason for the destruction.
(C) The attorney general shall compile the data from the reports in a summary report. The summary report shall include a list of all governmental evidence-retention entities that failed to participate in the preparation of the report. The annual summary report shall be made public on the attorney general's web site, and shall be submitted to the governor, the speaker of the house of representatives, and the president of the senate.
Last updated August 28, 2023 at 4:42 PM
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2933 | Peace Warrants; Search Warrants › Section 2933.831 | Rules and Regulations Regarding Lineups and Showups; Jury Instructions.

Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
(A) The General Assembly hereby requests the Attorney General to adopt rules pursuant to Chapter 119. of the Revised Code prescribing specific procedures to be followed for the administration by law enforcement agencies and criminal justice entities in this state of photo lineups, live lineups, and showups. The General Assembly also requests that any rules adopted by the Attorney General be consistent with the requirements of divisions (B) and (C) of section 2933.83 of the Revised Code. If the Attorney General adopts rules of the type described in this division, on and after the date on which the rules take effect, law enforcement agencies and criminal justice entities in this state shall comply with the rules in conducting live lineups, photo lineups, and showups.
(B) The General Assembly hereby requests the Ohio Judicial Conference to review existing jury instructions regarding eyewitness identification for compliance with this act.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.011 | Officer or Employee of Bureau of Criminal Identification and Investigation Included as Peace Officer.

Effective:
August 29, 2002
Latest Legislation:
House Bill 427 - 124th General Assembly
If an officer or employee of the bureau of criminal identification and investigation is included as a "peace officer" under division (B) of section 2935.01 of the Revised Code, both of the following apply:
(A) Division (D)(2) of section 109.541 applies to the officer or employee while so included.
(B) The officer or employee is not, as a result of the inclusion, a member of a police department for purposes of Chapter 742. of the Revised Code or a law enforcement officer or peace officer for purposes of any state or local retirement system.