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STATE v. WILLIAMS

No. 89-2204.

57 Ohio St. 3d 24 (1991)

THE STATE OF OHIO, APPELLANT, v. WILLIAMS, APPELLEE.

Supreme Court of Ohio.

Decided January 9, 1991.

Attorney(s) appearing for the Case

Alan R. Mayberry, prosecuting attorney, David E. Woessner and Jeffrey P. Nunnari, for appellant.

John P. Duffin, county public defender, for appellee.

DOUGLAS, J.

The issue presented to this court is whether a search warrant is void ab initio when the face of the document lacks a judge's signature. We find that it is. Therefore, any evidence obtained pursuant to such a search warrant must be suppressed.

The issue of whether a search warrant is void if not signed by a judge prior to a search was addressed by the court in State v. Spaw (1984), 18 Ohio App.3d 77

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