2023 Ohio 2026
Ohio Ct. App.2023Background
- Confidential informant identified a drug seller known as “Dread,” provided a phone number and 3672 Vine St.; detectives matched Dread to Kris Lang.
- Surveillance and BMV/GPS tracking showed Lang regularly drove a brown 2017 Nissan Altima (owned by Charlene Maddox) and stayed overnight at 4016 St. Martins Place.
- Detectives conducted two controlled purchases of cocaine at 3672 Vine St., monitored by recording and corroborated by surveillance and GPS data showing repeated daily trips from St. Martins Place to Vine St.
- Detectives obtained search warrants for both 3672 Vine St. and 4016 St. Martins Place; searches recovered a firearm and large quantities of cocaine and marijuana at St. Martins Place.
- Lang moved to suppress the evidence from 4016 St. Martins Place, arguing the warrant affidavit lacked probable cause; the trial court granted suppression, finding no nexus and rejecting the good-faith exception.
- The state appealed; the appellate court reversed, holding the magistrate had a substantial basis to find probable cause and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to search 4016 St. Martins Place | Affidavit showed a nexus: verified CI, two controlled buys at Vine St., hours of surveillance, GPS pattern of daily trips from St. Martins Place to Vine St., and officer experience linking patterns to storage at residence | Affidavit only showed overnight presence and departures from St. Martins Place; no direct evidence drugs were stored there and officer opinion was insufficient | Magistrate had a substantial basis to find probable cause based on surveillance, controlled buys, GPS pattern, and officer experience; suppression order reversed |
| Good-faith exception to exclusionary rule | Even if affidavit was marginal, officers reasonably relied on the warrant (Leon) | Trial court found affidavit so lacking that good-faith exception did not apply | Not decided on merits because appellate court found probable cause; good-faith issue unnecessary to resolve |
Key Cases Cited
- State v. George, 45 Ohio St.3d 325, 544 N.E.2d 640 (Ohio 1989) (probable cause standard and deference to magistrate)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances test for probable cause)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good-faith exception to exclusionary rule)
- State v. Castagnola, 145 Ohio St.3d 1, 46 N.E.3d 638 (Ohio 2015) (review limited to four corners of affidavit when no oral testimony)
- State v. Burnside, 100 Ohio St.3d 152, 797 N.E.2d 71 (Ohio 2003) (mixed question of law and fact on suppression review; accept trial court's factual findings if supported)