125 N.E.3d 257
Oh. Ct. App. 7th Dist. Columbi...2018Background
- Columbus County detectives obtained a warrant to search Justin Dennison’s home at 36333 Longs Crossing Rd after an affidavit described alleged heroin dealing.
- Affidavit relied on (a) reports from known and unknown sources that Dennison and his wife sold heroin and spent large cash despite no employment, (b) a known source saying drugs were kept in trunks of Dennison’s vehicles, and (c) two controlled buys where an undercover officer and a confidential informant arranged for an unwitting third person to enter the residence and shortly thereafter hand heroin to the officer.
- Officers observed Dennison’s vehicles at the residence during the controlled buys (one vehicle present during the first buy, three vehicles present during the second).
- Trial court denied Dennison’s motion to suppress, finding the affidavit supplied probable cause and alternatively applying the good-faith exception.
- Dennison pled no contest, was convicted of possession of heroin, sentenced to three years, and appealed the suppression denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to search residence | State: affidavit (sources + two controlled buys + officer observations) established nexus between drug activity and residence | Dennison: affidavit only showed drugs in his vehicle trunks, not in the home; controlled buys used an unwitting person whose reliability was not established | Court: Affirmed — totality (corroboration, buys at the home, vehicles seen) gave magistrate a substantial basis to find probable cause |
| Good-faith exception to exclusionary rule | State: even if probable cause lacking, officers reasonably relied on the warrant | Dennison: challenged reliance as unreasonable (argued warrant infirm) | Court: Deemed moot because probable cause existed (trial court had also found good faith) |
Key Cases Cited
- State v. George, 45 Ohio St.3d 325 (Ohio 1989) (probable cause inquiry uses totality of circumstances; magistrate must make common-sense decision)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances test for informant tips and probable cause)
- State v. Jones, 143 Ohio St.3d 266 (Ohio 2015) (reviewing courts give great deference to magistrate’s probable cause determination)
- United States v. Frazier, 423 F.3d 526 (6th Cir. 2005) (status as a drug dealer alone is insufficient to establish nexus to residence)
- United States v. Carpenter, 360 F.3d 591 (6th Cir. 2004) (connection between residence and evidence cannot be too vague or generalized)