2013 Ohio 4915
Ohio Ct. App.2013Background
- Narcotics detective Baeppler learned from a confidential informant that a woman named Lauren (African American and overweight) was manufacturing meth in Cleveland, and that Jennifer Chappel ('Jen Jen') cooked meth at Rowley Avenue.
- A burglary was reported on December 4, 2011 at 1116 Rowley Avenue, and a known meth涉 collaborator, Ilya Shpilman, was arrested in connection with the burglary.
- Three months later, at the Cuyahoga County Justice Center, Baeppler learned that Jennifer Chappel was seated with an unidentified overweight black female believed to be Lauren Jones, who lived at 1116 Rowley Avenue and was the burglary victim.
- With Jones’s name, address, and physical description in hand, detectives conducted a trash pull on 1116 Rowley on March 22, 2012, and recovered items including mail to Jones, empty chemical bottles, tubing, coffee filters, and methamphetamine oil; field tests were positive for meth.
- Immediately after the trash pull, a search warrant was drafted and signed; on March 23, 2012, officers executed the warrant and recovered methamphetamine, residue, pills, a scale, and other drug paraphernalia.
- Jones was indicted on multiple drug offenses; she moved to suppress the evidence, and the trial court granted suppression on the basis that a single trash pull did not establish probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether one trash pull supports probable cause | State argues sufficient probable cause existed from one trash pull combined with other facts. | Jones contends a single trash pull is insufficient for probable cause to issue a warrant. | Trial court’s suppression affirmed; one trash pull alone insufficient; warrant reversal not warranted. |
Key Cases Cited
- State v. Preztak, 181 Ohio App.3d 106 (2009-Ohio-621) (standard for reviewing suppression rulings; deference to trial court on facts)
- State v. Winand, 116 Ohio App.3d 286 (1996) (probable cause review in suppression motions)
- City of Tallmadge v. McCoy, 96 Ohio App.3d 604 (1994) (references to probable cause and warrant standards)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause review with deference to issuing judge’s discretion)
- State v. Reniff, 146 Ohio App.3d 749 (2001-Ohio-4353) (explicit discussion of probable cause standard in search warrants)
- State v. Garner, 74 Ohio St.3d 49 (1995-Ohio-168) (deference to judge’s determination of probable cause)
- Weimer, Weimer, 8th Dist. Cuyahoga No. 92094 (2009-Ohio-4983) (single trash pull must be evaluated in context; not always sufficient)
- State v. Williams, 8th Dist. Cuyahoga No. 98100 (2013-Ohio-368) (plural authorities citing when single trash pull supports probable cause)