State v. Kelley
2014 Ohio 464
Ohio Ct. App.2014Background
- Andre D. Kelley was charged with three counts of cocaine trafficking (felonies of the fifth degree) in Delaware County, Ohio.
- On October 22, 2012 he pled guilty and entered an intervention-in-lieu-of-conviction (ILC) program with conditions including abstaining from drugs, submitting to searches, and avoiding contact with felons or drug users.
- He tested positive for cocaine on Nov. 29, 2012 and admitted use on Nov. 26; he subsequently missed multiple probation appointments.
- On December 17, 2012 a probation officer searched Kelley’s cell phone without a warrant and found text messages indicating ongoing drug trafficking; Kelley was arrested.
- A January 29, 2013 notice alleged continued drug trafficking and contacts with drug users; a March 13–14, 2013 evidentiary hearing followed.
- The court revoked the ILC, found Kelley guilty of three drug-trafficking counts, and sentenced him to three consecutive 10-month terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the cell phone search was proper under Fourth Amendment doctrine | Kelley | Kelley | Search upheld; reasonable grounds/Griffin exception valid |
| Whether there was substantial evidence to revoke ILC | State | Kelley | Substantial evidence supported revocation |
| Whether prison terms were proper under Kalish framework | State | Kelley | Prison terms not clearly against law; not an abuse of discretion |
| Whether consecutive sentences were properly imposed under HB 86 framework | State | Kelley | Consecutive sentences upheld; findings supported |
Key Cases Cited
- Griffin v. Wisconsin, 483 U.S. 868 (U.S. 1987) (probation special needs justify warrantless searches)
- State v. Benton, 82 Ohio St.3d 316 (Ohio 1998) (probation searches warrantless under regulatory scheme)
- State v. Miller, 42 Ohio St.2d 102 (Ohio 1975) (due-process considerations in probation-like revocation)
- Katz v. United States, 389 U.S. 347 (U.S. 1967) (established reasonableness and exceptions to search requirements)
- State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (two-step review for felony sentences; clear-and-convincing vs. abuse of discretion)
- State v. Benton, 79 Ohio St.3d 34 (Ohio 1997) (probation/parole supervision standards)