2018 Ohio 2866
Ohio Ct. App.2018Background
- Kiedrin Page was indicted for: (Count 1) possession of heroin (Aug 4, 2015), (Count 2) trafficking one gram of heroin within 1,000 feet of Osborne Elementary School (June 25, 2015), and (Count 3) tampering with evidence (allegedly swallowing heroin on June 25).
- Undercover detectives, using texts from a seized phone, arranged a buy at Carr and North Depot; officers surveilled the location and observed Page walking toward the meeting, texting, making furtive glances, and making a hand-to-mouth gesture when an officer approached.
- Officer ordered Page to stop; Page ran, was apprehended after colliding with a cruiser; officers suspected he had swallowed drugs but recovered no narcotics at the scene. Later, on Aug 4, during arrest on unrelated warrants, officers found two small packets of heroin in Page’s sock.
- Page moved to suppress evidence from the June 25 stop; the trial court denied the motion. He consented to a bench trial on possession and had a jury trial on trafficking and tampering; he was convicted on all counts and sentenced to community control.
- On appeal Page raised: (1) trial court erred denying suppression under Terry; (2) improper admission of Aug 4 possession evidence as Evid.R. 404(B) other-acts; (3) insufficient evidence for the 1,000-foot school specification and improper admission of a modified tax/GIS map.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of stop/search under Terry/probable cause | Officers had reasonable suspicion / probable cause based on texts, Page's location at buyer meeting, furtive glances, texting, hand-to-mouth gesture, and flight | Stop/frisk lacked articulable facts; officer improperly seized Page | Court upheld denial of suppression: totality of circumstances gave reasonable suspicion (and possibly probable cause); seizure reasonable |
| Admission of Aug 4 possession as Evid.R. 404(B) other-acts | State: evidence shows access, scheme, knowledge, absence of mistake and counters defense of innocence | Page: evidence was propensity evidence to show criminal character; inadmissible under 404(B) | Admission not preserved by objection; sua sponte plain-error review found no prejudicial effect—evidence did not affect substantial rights; no reversal |
| Sufficiency/admissibility of school-specification (1,000 ft) and map evidence | State: modified aerial/tax/GIS map and auditor employee testimony show the meeting site is within 1,000 feet | Page: detective’s testimony about distance was hearsay; map generated for prosecution and witness did not measure distances; challenges to software accuracy | Court found GIS/aerial tax maps admissible; auditor employee authenticated map as business record; reliability goes to weight, not admissibility; specification proved |
| Whether detective could testify about distance based on map | State: detective relied on county-modified tax map used by department | Page: detective lacked personal measurement and relied on hearsay | Detective’s bare testimony was inadmissible, but auditor’s testimony and map authentication cured error; overall proof sufficient |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (investigative stop and frisk standard requires reasonable, articulable suspicion)
- Florida v. J.L., 529 U.S. 266 (anonymous tips require corroboration to supply reasonable suspicion)
- Carroll v. United States, 267 U.S. 132 (warrantless arrest exception where probable cause exists)
- Mapp v. Ohio, 367 U.S. 643 (Fourth Amendment exclusionary rule applicable to states)
- Mincey v. Arizona, 437 U.S. 385 (warrantless searches are per se unreasonable except for established exceptions)
- Robinette v. Ohio, 519 U.S. 33 (Fourth Amendment reasonableness measured objectively)
- Jackson v. Virginia, 443 U.S. 307 (sufficiency standard: whether evidence, if believed, permits a rational trier of fact to find guilt beyond a reasonable doubt)
- State v. Williams, 134 Ohio St.3d 521 (three-step analysis for admissibility of Evid.R. 404(B) other-acts evidence)