2014 Ohio 3967
Ohio Ct. App.2014Background
- Warrant to search Goble’s home issued July 24, 2013, based on detective’s affidavit alleging marijuana cultivation/traffickingeh/possession.
- Affidavit relied on (a) 2010 incident of growing marijuana; (b) an anonymous 2013 tip with no details; (c) a trash pull showing marijuana remnants and Goble’s link to the residence.
- Search executed July 25, 2013; officers found marijuana leaves/seeds, pipes, and a hidden growing room but no live plants.
- Goble was charged with criminal tools, possession of marijuana, and paraphernalia; he moved to suppress arguing lack of probable cause.
- Municipal Court denied suppression; Goble appealed challenging the sufficiency of probable cause and the trash-pull basis.
- Appellate court reversed, holding the warrant lacked probable cause and that the good-faith exception did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to issue the warrant based on the affidavit? | Goble argues facts were too stale and lacking indicia of reliability. | State contends totality of circumstances supported probable cause. | Probable cause not shown (information too stale/no reliability) per totality. |
| Can evidence from a single trash pull establish probable cause for a warrant? | Goble asserts trash pull alone is insufficient. | State argues combined with anonymous tip and prior info it suffices. | Single trash pull insufficient; good-faith exception does not apply. |
Key Cases Cited
- State v. Rodriguez, 64 Ohio App.3d 183 (6th Dist.1989) (probable cause assessed by totality; date relevance matters)
- Illinois v. Gates, 462 U.S. 213 (Supreme Court 1983) (probable cause determined by totality of the circumstances)
- State v. Brooks, 6th Dist. Sandusky No. S-87-64 (1988) (probable cause standards in affidavits)
- State v. Weimer, 2009-Ohio-4983 (8th Dist.) (trash-pull alone can be insufficient without corroborating facts)
- State v. Kelly, 2009-Ohio-957 (8th Dist.) (documented complaints and surveillance affect prob. cause)
- State v. Young, 146 Ohio App.3d 245 (12th Dist.2001) (single bag of marijuana insufficient for broad warrant)