Last week, in State v. Hoffman, 2014-Ohio-4795, the Ohio Supreme Court found the manner in which the Toledo Municipal Court issued arrest warrants “seriously disturbing.” The Supreme Court admonished the municipal court because the misdemeanor warrants were issued without a probable cause determination and the complaints or affidavits merely concluded that the person, whose arrest was sought, committed the crime. The complaints or affidavits failed to identify the source of the information. While the practice of drafting warrant applications, by merely reciting the statutory elements as valid support, was sanctioned by the Court’s 200 decision in State v. Overton, it is no longer acceptable. Municipalities and its police departments can no longer rely in good faith on warrants issued before November 4, 2014.
