State v. Carter
2011 Ohio 6700
Ohio Ct. App.2011Background
- Carter appeals Greene County Common Pleas rulings after denying suppression motions in a drug-trafficking case.
- Controlled buys of ecstasy by a confidential informant, coordinated by the ACE Task Force, led to a search warrant for Carter’s apartment.
- Affidavit details three buys, surveillance, and connections to a neighbor/ supplier known as 'D' or Rose.
- Search warrant for 1777 Arlin Pl, Apt H, Fairborn, executed Dec 11, 2009; drugs and weapons found.
- Carter indicted for conspiracy and complicity to trafficking, marijuana offenses, plus firearm specification; suppression motions denied.
- Carter later pleaded no contest to three counts of complicity to aggravated trafficking; other counts-dismissed; concurrent four-year terms; forfeiture ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause sufficiency for the search warrant | State argues affidavit provided a fair probability evidence would be found at H. | Carter contends affidavit lacked sufficient nexus to H. | Overruled; warrant supported by probable cause. |
| Miranda rights and suppression of statements | State contends Carter was properly advised; video lacked time-stamp but shows rights acknowledged. | Carter claims rights were not provided before questioning; credibility for timing disputed. | Overruled; trial court credited officers; statements not suppressed. |
Key Cases Cited
- State v. George, 45 Ohio St.3d 325 (Ohio 1989) (probable-cause standard for search warrants; substantial basis required for probable cause)
- Illinois v. Gates, 462 U.S. 213 (U.S. Supreme Court 1983) (totality-of-the-circumstances approach to probable cause)