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Ohio Statutes, Title 29

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Ohio/Statutes

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Title 29, Title 29. Crimes-Procedure

36 chapters · 1,154 sections in this title.

All chapters in Title 291,154 Ch 2941, Chapter 2941 | Indictment87 Ch 2945, Chapter 2945 | Trial83 Ch 2929, Chapter 2929 | Penalties and Sentencing53 Ch 2933, Chapter 2933 | Peace Warrants; Searc…53 Ch 2919, Chapter 2919 | Offenses Against the …52 Ch 2923, Chapter 2923 | Conspiracy, Attempt, …50 Ch 2937, Chapter 2937 | Preliminary Examinati…49 Ch 2907, Chapter 2907 | Sex Offenses46 Ch 2953, Chapter 2953 | Appeals; Other Postco…43 Ch 2903, Chapter 2903 | Homicide and Assault40 Ch 2935, Chapter 2935 | Arrest, Citation, and…39 Ch 2913, Chapter 2913 | Theft and Fraud36 Ch 2930, Chapter 2930 | Victim's Rights35 Ch 2949, Chapter 2949 | Execution of Sentence35

53 sections·Filtered byTitle 29✕Ch 2933✕

Ohio Rev. Code Ann. § 2933.01 Peace and search warrant definitions
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The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2933. of the Revised Code.
Ohio Rev. Code Ann. § 2933.02 Warrant to keep the peace
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When a complaint is made in writing and upon oath, filed with a municipal or county court or a mayor sitting as the judge of a mayor's court, and states that the complainant has just cause to fear and fears that another individual will commit an offense against the person or prop…
Ohio Rev. Code Ann. § 2933.03 Warrant to keep the peace - form
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Warrants issued under section 2933.02 of the Revised Code shall be substantially in the following form: The State of Ohio, __________ County, ss: To the sheriff or other appropriate peace officer, greeting: Whereas, a complaint has been filed by one C.D., in writing and upon oath…
Ohio Rev. Code Ann. § 2933.04 Warrant to keep the peace - hearing
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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 involv…

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Ohio Rev. Code Ann. § 2933.05 Warrant to keep the peace - disposition, bond, costs

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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 …

Ohio Rev. Code Ann. § 2933.06 Warrant to keep the peace - appeal

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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 c…

Ohio Rev. Code Ann. § 2933.07 Warrant to keep the peace - failure to prosecute appeal

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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…

Ohio Rev. Code Ann. § 2933.08 Warrant to keep the peace - hearing on appeal

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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 ei…

Ohio Rev. Code Ann. § 2933.09 Warrant to keep the peace - failure to enter into bond

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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 commi…

Ohio Rev. Code Ann. § 2933.10 Warrant to keep the peace - acts committed in presence of court

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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…

Ohio Rev. Code Ann. § 2933.21 Issuance of search warrants

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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…

Ohio Rev. Code Ann. § 2933.22 Probable cause for search warrant

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(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 p…

Ohio Rev. Code Ann. § 2933.23 Search warrant affidavit

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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 s…

Ohio Rev. Code Ann. § 2933.231 Waiving the statutory precondition for nonconsensual entry

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(A) As used in this section:(1) "Law enforcement officer" has the same meaning as in section 2901.01 of the Revised Code and in Criminal Rule 2.(2) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code, and includes any prosecuting attorney as defined in Cri…

Ohio Rev. Code Ann. § 2933.24 Contents of search warrant - report of physical conditions

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(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…

Ohio Rev. Code Ann. § 2933.241 Return and inventory of property

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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. T…

Ohio Rev. Code Ann. § 2933.25 Form of search warrant

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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 foll…

Ohio Rev. Code Ann. § 2933.26 Seized property to be kept by court

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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.

Ohio Rev. Code Ann. § 2933.27 Keeping of seized property until trial

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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 …

Ohio Rev. Code Ann. § 2933.29 Gambling or gaming property seized liable for fines

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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 …

Ohio Rev. Code Ann. § 2933.30 Search for dead human bodies

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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 magi…

Ohio Rev. Code Ann. § 2933.31 Search in case of animal law violations

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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 …

Ohio Rev. Code Ann. § 2933.32 Body cavity search, strip search - conducting unauthorized search - failure to prepare proper search report

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(A) As used in this section: (1) "Body cavity search" means an inspection of the anal or vaginal cavity of a person that is conducted visually, manually, by means of any instrument, apparatus, or object, or in any other manner. (2) "Medical practitioner" has the same meaning as i…

Ohio Rev. Code Ann. § 2933.33 Search of premises for illegal manufacture of methamphetamine

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(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…

Ohio Rev. Code Ann. § 2933.51 Wiretapping, electronic surveillance definitions

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As used in sections 2933.51 to 2933.66 of the Revised Code: (A) "Wire communication" means an aural transfer that is made in whole or in part through the use of facilities for the transmission of communications by the aid of wires or similar methods of connecting the point of ori…

Ohio Rev. Code Ann. § 2933.52 Interception of wire, oral or electronic communications

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(A) No person purposely shall do any of the following:(1) Intercept, attempt to intercept, or procure another person to intercept or attempt to intercept a wire, oral, or electronic communication;(2) Use, attempt to use, or procure another person to use or attempt to use an inter…

Ohio Rev. Code Ann. § 2933.521 Divulging content of electronic communications service

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(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 addres…

Ohio Rev. Code Ann. § 2933.522 Interception warrants

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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 int…

Ohio Rev. Code Ann. § 2933.523 Electronic search warrant

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(A) A provider of an electronic communication service or a provider of remote computing service operating in the state shall comply with any court-issued search warrant or interception warrant issued for wire communications, electronic communications, an electronic communications…

Ohio Rev. Code Ann. § 2933.53 Application for interception warrant

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(A) The prosecuting attorney of the county in which an interception is to take place or in which an interception device is to be installed, or an assistant to the prosecuting attorney of that county who is specifically designated by the prosecuting attorney to exercise authority …

Ohio Rev. Code Ann. § 2933.54 Findings for issuing interception warrant

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(A) A judge of a court of common pleas to whom an application for an interception warrant is made under section 2933.53 of the Revised Code may issue an interception warrant if the judge determines, on the basis of the facts submitted by the person who made the application and al…

Ohio Rev. Code Ann. § 2933.55 Application for extension of interception warrant

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(A) At any time prior to the expiration of an interception warrant, the person who made the application for the warrant may apply for an extension of the warrant. The person shall file the application for extension with a judge of the court of common pleas of the county in which …

Ohio Rev. Code Ann. § 2933.56 Contents - sealing application - disclosure - retention

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(A) Any interception warrant or extension of an interception warrant that is issued pursuant to sections 2933.53 to 2933.55 of the Revised Code shall contain all of the following:(1) The name and court of the judge who issued the warrant and the jurisdiction of that court;(2) If …

Ohio Rev. Code Ann. § 2933.57 Oral order for interception without warrant of wire, oral, or electronic communication

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(A) A judge of the court of common pleas may grant an oral order for an interception without a warrant of a wire, oral, or electronic communication. Upon receipt of an application under this division, the judge of the court of common pleas to whom the application is made may gran…

Ohio Rev. Code Ann. § 2933.58 Prosecutor's instructions to investigative officers

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(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 prosecu…

Ohio Rev. Code Ann. § 2933.581 Information, facilities or technical assistance to officer intercepting communications

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(A) Notwithstanding any other provision of law, a provider of wire or electronic communication service, an officer, employee, or agent of a provider of that type, and a landlord, custodian, or other person is authorized to provide information, facilities, or technical assistance …

Ohio Rev. Code Ann. § 2933.59 Executing interception warrant or oral order

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(A) An investigative officer who is, or a member of the law enforcement agency that is, authorized by an interception warrant or a grant of an oral order for an interception pursuant to section 2933.57 of the Revised Code to intercept wire, oral, or electronic communications or a…

Ohio Rev. Code Ann. § 2933.591 Giving warning of possible surveillance

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(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 interc…

Ohio Rev. Code Ann. § 2933.60 Reports of interception warrants by judges and prosecutors,

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(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 a…

Ohio Rev. Code Ann. § 2933.61 Serving inventory of interception warrant

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(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 ple…

Ohio Rev. Code Ann. § 2933.62 Receiving evidence from intercepted wire, oral, or electronic communication

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(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…

Ohio Rev. Code Ann. § 2933.63 Motion to suppress evidence from intercepted wire, oral, or electronic communication

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(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, o…

Ohio Rev. Code Ann. § 2933.64 Training in legal and technical aspects of wiretapping and electronic surveillance

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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 necess…

Ohio Rev. Code Ann. § 2933.65 Civil and criminal actions for wiretapping and electronic surveillance violations

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(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 tha…

Ohio Rev. Code Ann. § 2933.66 Conform proceedings or issuance of order to federal and state constitutions

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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…

Ohio Rev. Code Ann. § 2933.75 Medicaid fraud lien notice

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(A) Upon the institution of any criminal proceeding charging a medicaid fraud offense, the state, at any time during the pendency of the proceeding, may file a medicaid fraud lien notice with the county recorder of any county in which forfeitable property subject to forfeiture ma…

Ohio Rev. Code Ann. § 2933.76 Application for pen register or trap and trace device to obtain information in connection with criminal investigation

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(A) As used in this section and section 2933.77 of the Revised Code, "electronic communication," "electronic communication service," "investigative officer," "judge of a court of common pleas," "pen register," "trap and trace device," and "wire communication" have the same meanin…

Ohio Rev. Code Ann. § 2933.77 Information, facilities or technical assistance to officer as to installation and use of a pen register or a trap and trace device

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(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, faciliti…

Ohio Rev. Code Ann. § 2933.81 Electronic recording during custodial interrogation

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(A) As used in this section: (1) "Custodial interrogation" means any interrogation involving a law enforcement officer's questioning that is reasonably likely to elicit incriminating responses and in which a reasonable person in the subject's position would consider self to be in…

Ohio Rev. Code Ann. § 2933.82 Retention of biological evidence

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(A) As used in this section: (1)(a) "Biological evidence" means any of the following: (i) The contents of a sexual assault examination kit; (ii) Any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or any other identifiable bi…