Ohio § 2933.54

§ 2933.54.

(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 all affiants, that all of the

following exist: (1) The application and affidavits comply with section 2933.53 of the Revised Code . (2) There is probable cause to believe that a particular person is committing, has committed,

or is about to commit a designated offense. (3) There is probable cause to believe that particular communications concerning the

designated offense will be obtained through the interception of wire, oral, or electronic

communications. (4) Normal investigative procedures with respect to the designated offense have been

tried and have failed or normal investigative procedures with respect to the designated

offense reasonably appear to be unlikely to succeed if tried or to be too dangerous

to employ in order to obtain evidence. (5) Except as provided in division (G)(1) of section 2933.53 of the Revised Code , there is probable cause to believe that the communication facilities from which

the communications are to be intercepted, or the place at which oral communications

are to be intercepted, are being used or are about to be used in connection with the

commission of the designated offense or are leased to, listed in the name of, or commonly

used by a person who is the subject of the interception warrant. (6) The investigative officer has received training that satisfies the minimum standards

established by the attorney general and the Ohio peace officer training commission

under section 2933.64 of the Revised Code in order to intercept the wire, oral, or electronic communication and is able to

execute the interception sought. (B) If the communication facilities from which a wire or electronic communication is

to be intercepted are public facilities, the judge of the court of common pleas to

whom the application for an interception warrant is made shall not issue an interception

warrant unless the judge, in addition to the findings specified in division (A) of

this section, determines that there is a special need to intercept wire or electronic

communications made from the facilities. (C) If the facilities from which, or the place at which, the wire, oral, or electronic

communications are to be intercepted are being used by, are about to be used by, are

leased to, are listed in the name of, or are commonly used by a licensed physician,

a licensed practicing psychologist, an attorney, a practicing clergyman, or a journalist

or are used primarily for habitation by a husband and wife, the judge of the court

of common pleas to whom the application is made shall not issue an interception warrant

unless the judge, in addition to the findings specified in divisions (A) and (B) of

this section, determines that there is a special need to intercept wire, oral, or

electronic communications over the facilities or in those places.  No otherwise privileged wire, oral, or electronic communication shall lose its privileged

character because it is intercepted in accordance with or in violation of sections 2933.51 to 2933.66 of the Revised Code . (D) If an application for an interception warrant does not comply with section 2933.53 of the Revised Code , or if the judge of a court of common pleas with whom an application is filed is

not satisfied that grounds exist for issuance of an interception warrant, the judge

shall deny the application. (E) An interception warrant shall terminate when the objective of the warrant has been

achieved or upon the expiration of thirty days after the date of commencement of the

warrant as specified in this division, whichever occurs first, unless an extension

is granted as described in this division.  The date of commencement of an interception warrant is the day on which an investigative

or law enforcement officer first begins to conduct an interception under the warrant,

or the day that is ten days after the warrant is issued, whichever is earlier.  A judge of a court of common pleas may grant extensions of a warrant pursuant to section 2933.55 of the Revised Code . (F) If a judge of a court of common pleas issues an interception warrant, the judge shall

make a finding as to the objective of the warrant.