State v. Hunter
2011 Ohio 6321
Ohio Ct. App.2011Background
- Anonymous 9-1-1 calls alleged a captive and gunfire at a residence, prompting police to respond.
- Police arrived, knocked for several minutes, observed occupants ignore them, and an upstairs movement was noted.
- A second 9-1-1 dispatch described imminent danger to a victim; officers entered and secured several occupants.
- Initial search found marijuana and a flak jacket; a second search located firearms between a mattress and box springs.
- A search warrant followed; Hunter was charged with multiple drug offenses and weapons offenses; suppression motion denied.
- The trial court later denied suppression of the firearms evidence; convictions and sentence were appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrantless entry into the residence justified? | State contends corroborated anonymous tips created exigent circumstances. | Hunter argues the tips lacked sufficient corroboration for entry. | Entry lawful under exigent circumstances with some corroboration. |
| Was the firearms discovery under the bed inadvertent under the plain view doctrine? | State argues inadvertence was established by the sweep. | Hunter contends inadvertence not proven. | Trial court erred; inadvertence not shown; remand for suppression determination. |
| Do the weapon convictions survive given suppression issue on firearms? | State seeks affirmance of weapon convictions with firearm specs. | Hunter seeks reversal of weapon convictions and specs if suppression reverses. | Convictions for Having Weapons Under a Disability and firearm specs reversed; remand. |
| Do the drug convictions (cocaine, heroin, marijuana) withstand the suppression ruling? | State seeks affirmation of drug convictions. | Hunter challenges only the weapon-related evidence. | Drug convictions affirmed. |
| Remand procedure: what should occur if suppression is denied on remand? | State requests reinstatement of judgments if suppression denied. | Hunter requests proper consideration on remand. | Remand to reconsider suppression; if denied, may re-enter judgments on weapon offenses and specs. |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (U.S. 1967) (establishes general Fourth Amendment warrant requirements)
- Payton v. New York, 445 U.S. 573 (U.S. 1980) (home-entry restrictions absent exigent circumstances)
- Maryland v. Buie, 494 U.S. 325 (U.S. 1990) (protective sweep doctrine described)
- Coolidge v. New Hampshire, 403 U.S. 443 (U.S. 1971) (plain view doctrine prerequisites)
- Florida v. J.L., 529 U.S. 266 (U.S. 2000) (anonymous tip and reliability considerations in stops)