State v. Revere
2022 Ohio 551
| Ohio Ct. App. | 2022Background
- Moraine officers went to 5531 Hemple Rd. on a Middletown request to check welfare of missing Michelle Burgan; a woman seen at a detached garage retreated inside when officers arrived.
- Occupant Gilbert Revere and girlfriend Regina Griffis were detained; officers found multiple women’s clothing and a citation in Burgan’s name at the house.
- Revere and Griffis were interviewed at Middletown PD; Revere made admissions about the general location of a body. Detectives obtained four search warrants that evening and searched the Hemple Road property with cadaver dogs.
- Human remains were discovered under a tarp on the Hemple Road property; additional warrants were later obtained. Revere was indicted for two counts of tampering with evidence, gross abuse of a corpse, and failure to report a death.
- The trial court suppressed Revere’s confession as coerced by a promised misdemeanor disposition but denied his motion to suppress the search warrants; Revere pled no contest, received community control, and appealed (issues: probable cause for warrants and merger of offenses).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrants (esp. for 5531 Hemple Rd.) were supported by probable cause | Affidavit contained reliable facts (Middletown teletype, officers’ observations, Griffis’s statements, Revere’s connection to Burgan) showing probability of evidence on premises | Affidavit relied on hearsay and unreliable statements (Griffis lied), so it lacked probable cause | Warrant supported by probable cause; even if lacking, evidence admissible under Leon good-faith exception |
| Whether tampering with evidence and gross abuse of a corpse must merge for sentencing | Offenses produce different harms (unavailability of evidence vs. outrage to community sensibilities) so they do not merge | Same conduct/animus (disposing body) supports merger | Offenses are of dissimilar import (separate, identifiable harms); no merger required |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (probable-cause inquiry requires probability, not prima facie proof)
- Franks v. Delaware, 438 U.S. 154 (affidavits may rely on hearsay; Franks hearing framework)
- Spinelli v. United States, 393 U.S. 410 (discusses informant reliability in probable-cause analysis)
- United States v. Ventresca, 380 U.S. 102 (observations of fellow officers in a joint investigation may support a warrant)
- United States v. Leon, 468 U.S. 897 (good-faith exception to exclusionary rule for defective warrants)
- State v. Straley, 139 Ohio St.3d 339 (defines tampering with evidence under Ohio law)
- State v. Ruff, 143 Ohio St.3d 114 (Ohio allied-offenses/merger test: conduct, animus, import)
- State v. George, 45 Ohio St.3d 325 (appellate deference to magistrate’s probable-cause finding)
- State v. Hoffman, 141 Ohio St.3d 438 (limits on good-faith exception when affidavit is misleading or judge abandons role)
- State v. Taylor, 82 Ohio App.3d 434 (hearsay in warrant affidavits does not per se invalidate probable-cause determinations)