State v. Calliens
2012 Ohio 703
Ohio Ct. App.2012Background
- Calliens charged Jan 2011 with grand theft (fourth degree) and possessing criminal tools (screwdriver); motions to suppress denied; pled no contest; sentenced to 18 months and 1 year consecutive.
- Cavender, a non‑commissioned security officer for Crocker Park, used a Westlake police uniform/cruiser and acted under shopkeeper’s privilege.
- Broadcasts reported a Black female shoplifter at Sephora; Cavender located a gold Buick and detained Calliens in proximity to the store.
- Security identified Calliens as the Sephora shoplifter; White House Black Market employee also identified Calliens; Sephora surveillance tape corroborated.
- Tolaro, a Westlake officer, arrived, Calliens was arrested for shoplifting; items found included perfume, clothing, and decorations; Miranda warnings administered during interrogation.
- Trial court held Cavender’s actions fell under shopkeeper’s privilege and established probable cause for detention and arrest; Calliens appealed challenging suppression and sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop/detention was lawful under shopkeeper’s privilege | State: Cavender acted under shopkeeper’s privilege; detention reasonable and within vicinity. | Calliens: Stop/arrest illegal; based on anonymous tip and lack of probable cause. | Denial affirmed; privilege applicable and detention reasonable; probable cause supported arrest. |
| Whether Tolaro had probable cause to arrest without a warrant | State: Positive identifications plus surveillance corroborate theft. | Calliens: No probable cause for arrest. | Arrest valid; probable cause existed. |
| Whether the sentence violated Kalish / R.C. 2929.14(C)(4) requirements | State: Kalish two-step review; no error in sentencing. | Calliens: HB86 amended statute, but not applicable retroactively; sentence improper. | Sentence not contrary to law; no abuse of discretion. |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step Kalish framework for appellate review of felony sentences)
- State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (unconstitutional judicial fact-finding for consecutive terms; sentencing discretion)
- State v. Hodge, 128 Ohio St.3d 1 (2010-Ohio-6320) (reaffirmed Foster and discussed consecutive-sentence findings)
- Evans v. Smith, 97 Ohio App.3d 59 (1st Dist.1994) (shopkeeper’s privilege limitations; not a Fourth Amendment state actor)
- State v. Johnson, 8th Dist. No. 84282 (2005-Ohio-98) (standard for probable cause in warrantless arrest)
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (abuse-of-discretion vs. statutory compliance in sentencing)
- State v. McNamara, 124 Ohio App.3d 706 (1997-Ohio-?) (mixed standard for suppression review; deference to trial findings)