State v. Rigel
2017 Ohio 6906
| Ohio Ct. App. | 2017Background
- Timothy Rigel was indicted for illegal cultivation and possession of large quantities of marijuana after police executed multiple warrants including thermal imaging, GPS tracking, trash/odor, and a search of his residence (826 Sylvan Shores) and a warehouse (1028 Wheel St.).
- Rigel moved to suppress evidence seized under four warrants; defense counsel declined an evidentiary (Franks) hearing and submitted the suppression motion on the four corners of the affidavits.
- The trial court sustained suppression of the trash/odor warrant but denied suppression as to the thermal-imaging warrant (May 5, 2015), the GPS/tracking warrant (June 2, 2015), and the August 10, 2015 search warrant for 826 Sylvan Shores and 1028 Wheel St.
- Rigel pleaded no contest to an amended single count of fifth-degree felony possession of marijuana and received two years’ community control and six months in county jail (imposition stayed pending appeal).
- On appeal Rigel raised three assignments: (1) denial of a Franks evidentiary hearing, (2) insufficient probable cause / staleness and informant reliability for three warrants, and (3) alleged sentencing error under Ohio felony-sentencing statutes.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rigel) | Held |
|---|---|---|---|
| Whether Rigel was entitled to a Franks evidentiary hearing | Defense counsel declined a hearing and submitted on the affidavits; no hearing was requested within the court's deadline | Rigel contended the affidavits contained knowingly false/omitted material facts requiring a Franks hearing | No hearing required: defense waived request by choosing four-corners submission |
| Probable cause for thermal-imaging warrant (May 5, 2015) | Affidavit: CI controlled buys, high electrical usage at properties owned by Rigel and relatives; supports inference of indoor grow | CI links were conclusory but Rigel argued the evidence (electrical records, CI statements) was insufficient | Probable cause existed: controlled buys + abnormal power usage provided substantial basis for thermal-imaging warrant |
| Probable cause for GPS/tracking warrant (June 2, 2015) | Affidavit: observed trips between Rigel’s residence, 310 Villa Rd. (site of buys), Buckeye Gas (CO2 purchases), and use of the pickup truck; CO2 purchases and surveillance corroborated CI | Rigel challenged the sufficiency of the connection between vehicle movements and illegal activity | Probable cause existed: surveillance, CO2 purchases, and CI corroboration supported placing a tracker |
| Probable cause / staleness for August 10, 2015 search warrant (826 Sylvan & 1028 Wheel) | Affidavit combined older CI reports (2010, 2012), later corroboration (high electric use, GPS showing trips to warehouse, CO2 pickups) tying Rigel to ongoing operations | Rigel argued older CI reports were stale and CIs unreliable; 2010 warehouse involvement did not implicate him then | Not stale: totality (historical CI info plus recent GPS, CO2 purchases, and elevated power usage) supported a fair probability evidence remained at the locations |
| Sentencing: whether trial court abused discretion / sentence contrary to law | Court considered R.C. 2929.11/2929.12, PSI, and mandatory community-control provisions for 5th-degree felony; jail term allowed as condition given prior misdemeanor record | Rigel argued statutory-guideline misapplication / abuse of discretion | Sentence affirmed: record supports mandatory community control and county-jail condition; not contrary to law |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (Affidavit falsehoods must be preliminarily shown to obtain evidentiary hearing)
- Illinois v. Gates, 462 U.S. 213 (Totality-of-the-circumstances test for probable cause; informant veracity and basis-of-knowledge considered together)
- State v. George, 45 Ohio St.3d 325 (Magistrate has substantial deference; practical, common-sense probable-cause inquiry)
- State v. Jones, 143 Ohio St.3d 266 (Ohio precedent on probable cause and Fourth Amendment standards)
- State v. Marcum, 146 Ohio St.3d 516 (Standard of review for felony sentences under R.C. 2953.08 applies to all felony sentencing challenges)