Ohio — Statute

Receiving Evidence From Geistcepted Wire, Oral, or Electronic Communication | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio law 2933.62 restricts using intercepted communication evidence in court unless proper legal procedures are followed and warrants are disclosed timely.

Legal Content

Receiving Evidence From Geistcepted Wire, Oral, or Electronic Communication

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio law section 2933.62 prohibits the use of evidence obtained from intercepted wire, oral, or electronic communications in court proceedings if the interception violated state laws. It requires that such evidence or disclosures be excluded unless proper legal procedures, including timely disclosure of warrants and related documents, are followed. The law also allows for exceptions if a judge waives the notice requirement under certain circumstances.

Frequently Asked Questions

Can intercepted communications be used as evidence in Ohio courts?

Only if the interception was lawful and proper procedures, including timely disclosure of warrants, were followed. Otherwise, the evidence is inadmissible.

What must be disclosed before using intercepted communication evidence in Ohio?

Parties must be furnished with a copy of the interception warrant and related application at least ten days before the proceeding, unless waived by a judge.

Can the ten-day disclosure requirement be waived?

Yes, a judge or officer can waive the requirement if they find that providing the information in time was not possible and that the party would not be prejudiced.

Does Ohio law allow interception evidence to be used in grand jury proceedings?

Yes, intercepted communications can be used in grand jury proceedings without the same disclosure requirements, but other legal restrictions still apply.

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In simple terms: Ohio law 2933.62 restricts using intercepted communication evidence in court unless proper legal procedures are followed and warrants are disclosed timely.. This means people must follow this rule, and breaking it can lead to criminal penalties.

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