State v. Donley
2017 Ohio 562
| Ohio Ct. App. | 2017Background
- Defendant Isreal Donley was charged in three separate 2014 incidents: March 26 (vehicle stop/tow; Case No. 2014 CR 1142), May 14 (contraband found at jail; Case No. 2014 CR 3312), and July 8 (search of residence; Case No. 2014 CR 2391).
- March 26: Donley was the sole occupant of a white Yukon stopped for dark window tint; he was arrested on an outstanding warrant; tow driver later found a firearm in a knit hat under the hood and cocaine in a glove on the gas-cap.
- May 14: After a traffic stop and jail booking, jail staff found small amounts of cocaine and heroin concealed in Donley’s underwear; Donley later pled guilty to illegal conveyance onto detention facility (2014 CR 3312).
- July 8: Task Force surveillance and a DNA warrant led to detention of Donley, a protective sweep, and later a search warrant that uncovered nine firearms and bulletproof vests hidden above kitchen cabinets (2014 CR 2391).
- Proceedings and outcome: jury convicted Donley of possession of cocaine and weapons-under-disability (1142); he pled no contest to 27 weapons-under-disability counts (2391) and guilty to illegal conveyance (3312). Aggregate sentence 13 years. Appellate court: affirmed most rulings, vacated weapons-under-disability conviction in 1142 (gun), instructed clerical corrections (nunc pro tunc) for plea language and consecutive-sentence findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of March 26 stop (window tint) and impound/tow | State: stop valid for window-tint violation; tow lawful because driver was arrested and vehicle would be left unattended under sheriff policy | Donley: tow unjustified; officer should have contacted vehicle owner before towing | Stop and impound were lawful; tow authorized by policy; suppression denied |
| Suppression of evidence found at Sandy’s lot (gun & drugs) — admissibility | State: items found after lawful impound and inventory; K-9 alerted; vehicles and items were in police custody | Donley: search/seizure unreasonable; items discovered off-site and not during stop | Search and seizures admitted; court upheld denial of suppression for drugs and gun seizures but later appellate holding: drugs conviction affirmed, gun possession conviction in 1142 vacated for insufficient evidence |
| Sufficiency / manifest weight for possession of drugs and firearm in Yukon | State: circumstantial evidence — Donley was sole occupant, suspected hand-to-hand deal, contraband hidden in brown knit items, similar garments found in other vehicle | Donley: no DNA/fingerprints, vehicle registered to wife, no eyewitness placement, reasonable doubt about ownership/knowledge | Evidence sufficient for constructive possession of drugs — conviction affirmed; evidence insufficient as to knowing possession of the firearm — weapon conviction vacated in 1142 |
| Destruction of cruiser video (due process) | Donley: destroyed cruiser video was potentially/materially exculpatory; due process violated | State: video had no apparent exculpatory value and was destroyed per retention policy in good faith | No due-process violation: video not materially exculpatory; destruction not in bad faith; claim overruled |
| July 8 detention, protective sweep, and search-warrant probable cause | State: surveillance, observed conduct consistent with drug transactions, post-stop statements and contraband on occupants gave probable cause; protective sweep to secure premises pending warrant | Donley: illegal detention/search; warrant affidavit included false/misleading statements; protective sweep exceeded scope | Court found detention, protective sweep, and warrant supported by probable cause; motion to reopen suppression denied; suppression rulings affirmed |
| Sentencing and clerical/judgment-entry errors (fine & consecutive terms) | State: sentencing within statutory range; court made required findings at hearing | Donley: indigency not considered for mandatory fine; consecutive-sentence findings omitted from judgment entry | Fines and sentences affirmed; court did not abuse discretion re: fine; trial court must file nunc pro tunc entries to correct plea language and incorporate consecutive-sentence findings into judgment entry |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (Terry stop/temporary detention standard)
- Illinois v. Wardlow, 528 U.S. 119 (reasonable suspicion standard for stops)
- Florida v. Wells, 495 U.S. 1 (inventory/impoundment standards and limits)
- Segura v. United States, 468 U.S. 796 (securing dwelling pending warrant may be reasonable)
- Buie v. Maryland, 494 U.S. 325 (protective sweep doctrine)
- Franks v. Delaware, 438 U.S. 154 (attacking warrant affidavit for intentional/reckless falsehoods)
- Ramirez v. United States, 523 U.S. 65 (limits on destructive means in executing warrants)
- Dalia v. United States, 441 U.S. 238 (some property damage permissible executing warrants)
- Illinois v. Gates, 462 U.S. 213 (probable cause test for search warrants)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)