State v. Goode
2013 Ohio 958
Ohio Ct. App.2013Background
- At approx. 3:45 a.m. on July 23, 2009, Dayton police observed a hand-to-hand drug transaction at 805 Danner after arresting Shawn Jones at a different moment.
- From the doorway, an officer observed contraband in 805 Danner, including two digital scales, baggies, and what appeared to be crack cocaine.
- Officers conducted a protective sweep upstairs after learning others were in the home, and found two adults asleep, plus additional drug paraphernalia.
- Inside Goode’s upstairs room, an officer observed a large baggie of crack cocaine on a TV stand when waking Goode.
- Officers subsequently seized crack cocaine in plain view during the upstairs search and recovered cash under a mattress, leading to Goode’s arrest and charges for possession of crack cocaine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless entry was justified by exigent circumstances | State argues exigent entry to prevent destruction of drugs. | Goode contends no valid exigency existed to bypass the warrant. | No valid exigent-exigency justified entry; warrantless entry not permitted. |
| Whether the protective sweep was properly justified | State contends sweep was reasonable to ensure officer safety. | Goode disputes scope and necessity of sweep beyond area of arrest. | Protective sweep found reasonable given drugs observed and occupants upstairs. |
| Whether the crack cocaine observed was admissible under plain view | State claims cocaine was in plain view after lawful entry. | Goode argues it was obtained via unlawful search. | Plain-view seizure lawful from lawful position during officers’ entry. |
| Whether money recovered was admissible | State argues cash found in Goode’s mattress area was in plain view or incident to arrest. | Goode seeks suppression of money as fruit of unlawful entry. | Money under mattress suppressed; other evidence upheld. |
Key Cases Cited
- Payton v. New York, 445 U.S. 573 (1980) (limitations on warrantless home entry; nonconsensual entry prohibited)
- Minnesota v. Olson, 495 U.S. 91 (1990) (protection of home against warrantless entry; residence occupancy matters)
- Horton v. California, 496 U.S. 128 (1990) (plain view and exigent circumstances in lawful entry)
- Maryland v. Buie, 494 U.S. 325 (1990) (protective sweep standard; limited search for safety)
- Kentucky v. King, 131 S. Ct. 1849 (2011) (police may enter to prevent destruction of evidence if exigent circumstances not created by police)