Ohio Crim.R. 41

(A) Authority to issue warrant

Upon the request of a prosecuting attorney or a law enforcement officer:

(1) A search warrant authorized by this rule may be issued by a judge of a court

of record to search and seize property located within the court's territorial

jurisdiction; and,

(2) A tracking device warrant authorized by this rule may be issued by a judge

of a court of record to install a tracking device within the court’s territorial

jurisdiction. The warrant may authorize use of the device to track the

movement of a person or property within or outside of the court’s territorial

jurisdiction, or both.

(B) Property which may be seized with a search warrant

A search warrant may be issued under this rule to search for and seize any:

(1) evidence of the commission of a criminal offense; or

(2) contraband, the fruits of crime, or things otherwise criminally possessed; or

(3) weapons or other things by means of which a crime has been committed or

reasonably appears about to be committed.

(C) Issuance and contents

(1) A warrant shall issue on either an affidavit or affidavits sworn to before a judge of

a court of record or an affidavit or affidavits communicated to the judge by reliable

electronic means establishing the grounds for issuing the warrant. In the case of a

search warrant, the aff idavit shall name or describe the person to be searched or

particularly describe the place to be searched, name or describe the property to be

searched for and seized, state substantially the offense in relation thereto, and state

the factual basis for the affiant's belief that such property is there located. In the

case of a tracking device warrant, the affidavit shall name or describe the person to

be tracked or particularly describe the property to be tracked, and state substantially

the offense in relation thereto, state the factual basis for the affiant’s belief that the

tracking will yield evidence of the offense. If the affidavit is provided by reliable

electronic means, the applicant communicating the affidavit shall be placed under

oath and shall swear to or affirm the affidavit communicated.

(2) If the judge is satisfied that probable cause exists, the judge shall issue a warrant

identifying the property to be seized and naming or describing the person or place

to be searched or the person or property to be tracked. The warrant may be issued

to the requesting prosecuting attorney or other law enforcement officer through

reliable electronic means. The finding of probable cause may be based upon

hearsay in whole or in part, provided there is a substantial basis for believing the

source of the hearsay to be credible and for believing that there is a factual basis for

the information furnished. Before ruling on a request for a warrant, the judge may

require the affiant to appear personally or by reliable electronic means, and may

examine under oath the affiant and any witnesses the affiant may produce. Such

testimony shall be admissible at a hearing on a motion to suppress if taken down

by a court reporter or recording equipment, transcribed, and made part of the

affidavit. The warrant shall be directed to a law enforcement officer. A search

warrant shall command the officer to search, within three days, the person or place

named for the property specified. A tracking device warrant shall command the

officer to complete any installation authorized by the warrant within a specified

time no longer than 10 days, and shall specify the time that the device may be used,

not to exceed 45 days. The court may, for good cause shown, grant one or more

extensions of time that the device may be used, for a reasonable period not to exceed

45 days each. The warrant shall be executed in the daytime, unless the issuing

court, by appropriate provision in the warrant, and for reasonable cause shown,

authorizes its execution at times other than daytime. The warrant shall provide that

the warrant shall be returned to a designated judge or clerk of court.

(D) Execution and return of the warrant

(1) Search warrant

The officer taking property under the warrant 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, either in person or by

reliable electronic means, 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 pr esence 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 shall upon

request deliver a copy of the inventory to t he person from whom or from whose

premises the property was taken and to the applicant for the warrant. Property

seized under a warrant shall be kept for use as evidence by the court which issued

the warrant or by the law enforcement agency which executed the warrant.

(2) Tracking Device warrant

The officer executing a tracking device warrant shall enter onto the warrant the

exact date and time the device was installed and the period during which it was

used. The return shall be made promptly, either in person or by reliable electronic

means, after the use of the tracking device has ended. Within 10 days after the use

of the tracking device has ended, the officer executing a tracking device warrant

must serve a copy of the warrant on the person who was tracked or whose property

was tracked. Service may be accomplished by delivering a copy to the person who,

or whose property, was tracked; or by leaving a copy at the person’s residence or

usual place of abode with an individual of suitable age and discretion who resides

at that location and by mailing a copy to the person’s last known address. Upon

the request of a prosecuting attorney or a law enforcement officer, and for good

cause shown, the court may authorize notice to be delayed for a reasonable period.

(E) Return of papers to clerk

The law enforcement officer shall attach to the warrant a copy of the return, inventory, and

all other papers in connection therewith and shall file them with the clerk or the judge, if

the warrant so requires.

(F) Definition of property and daytime

The term "property" is used in this rule to include documents, books, papers and any other

tangible objects. The term "daytime" is used in this rule to mean the hours from 7:00 a.m.

to 8:00 p.m.

(G) Definition of tracking device

The term “tracking device” means an electronic or mechanical device which permits the

tracking of the movement of a person or object.