State v. Jefferson
2011 Ohio 4637
Ohio Ct. App.2011Background
- Jefferson was convicted of breaking and entering, theft, vandalism, and possession of criminal tools for a Walton Hills break-in and related acts.
- GPS tracking device was warrantlessly installed on Jefferson's car and data tied him to the Gas House and ADI break-ins.
- Detectives used GPS stop reports showing Jefferson’s car at the Gas House and ADI around the time of the burglaries.
- No direct forensic evidence linked Jefferson to the crimes, but stop reports placed him at the scenes.
- The trial court did not give limiting instructions for admitted “other acts” evidence, and there was extensive use of such evidence in opening, arguments, and exhibits.
- The court reversed and remanded, finding ineffective assistance of counsel on two grounds: failure to move to suppress GPS evidence and failure to request a limiting instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| GPS suppression of warrantless GPS data | Jefferson argues GPS data should have been suppressed | State contends no Fourth Amendment warrant needed; Maynard supports non-suppression | Reversed on GPS suppression issue |
| Limiting instruction on other acts evidence | Defense claims error for not instructing limiting purpose | State argues evidence admissible for motive/identity | Reversed on failure to request limiting instruction |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard; highly deferential review)
- Knotts, 460 U.S. 276 (U.S. 1983) (diminished privacy in automobile; beeper surveillance not per se search)
- Jones, 190 Ohio App.3d 750 (Ohio App.3d 2010) (GPS surveillance not requiring a warrant in this district (cited by Johnson))
- Maynard, 615 F.3d 544 (D.C. Cir. 2010) (GPS surveillance requires a warrant (major authority in Maynard)})