State v. Richardson
2012 Ohio 1232
Ohio Ct. App.2012Background
- Richardson challenged suppression of evidence from a home search and a coerced statement; hearing occurred with Detective Miller and Sgt. Prall testifying; warrant for 3951 E. Summit Ridge Drive issued March 16, 2010; CS #1 provided multiple past deliveries and drug activity tied to Richardson; the affidavit relied on CS #1 as a confidential source with limited disclosed reliability; the trial court partially granted suppression for the statement but denied suppression of the home-filed evidence; the appellate court remanded to address the good-faith exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause sufficiency for the warrant | State argues CS #1 provided reliable corroboration | Richardson argues CS #1 unreliable and information insufficient | Remanded to consider good-faith exception; not finally upholding probable cause |
| Application of the good-faith exception | State contends good-faith exception applies to warrant | Richardson contends warrant was not supported by probable cause presentable in good-faith | Remanded for trial court to determine applicability of good-faith exception |
Key Cases Cited
- State v. George, 45 Ohio St.3d 325 (1989) (defer to magistrate’s probable-cause determination; substantial basis required)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause standard; totality of circumstances)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to exclusionary rule)
- State v. Jones, 72 Ohio App.3d 522 (1991) (test for good-faith objective reasonableness; four-corners rule guidance)
- State v. Klosterman, 114 Ohio App.3d 327 (1996) (limits on looking beyond affidavit for good-faith)