State v. Robinson
2011 Ohio 6639
Ohio Ct. App.2011Background
- Robinson was convicted after a no contest plea to four counts of drug possession arising from a December 12, 2008 search of his East Liverpool residence.
- The search warrant was supported by Officer Patrick Wright's affidavit, derived in part from informants and from trash pulls conducted within the month before the warrant.
- Informants Eckles (2005) and Schonhut (2008) provided statements linking Robinson to MDMA and marijuana distribution and to a supplier known as 'Budda' (Malcolm Cobb).
- Trash pulls on November 12, 19, 26, and December 10, 2008 yielded marijuana residue, a steroid (Test 400), drug packaging materials, and documents addressed to Dustin Robinson corroborating residence and activity.
- Robinson moved to suppress the evidence, arguing the affidavit contained stale, unreliable information; the trial court denied the motion, and Robinson pleaded no contest.
- The appellate court upheld the suppression denial, holding the totality of the circumstances supported probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit demonstrated probable cause for the warrant | Robinson contends information was stale and unreliable | Robinson argues the affidavit failed to show ongoing drug activity | Probable cause established; trash pulls corroborated informants; warrant valid |
Key Cases Cited
- State v. George, 45 Ohio St.3d 325 (1989) (totality of circumstances standard for probable cause)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause based on veracity and basis of knowledge of informants)
- State v. Hollis, 1991-Ohio-549 (Ohio App.3d 549) (timeliness of information for probable cause)
- State v. Yanowitz, 67 Ohio App.2d 141 (1980) (stale information and time factors in warrants)
- State v. Pustelnik, 2009-Ohio-3458 (8th Dist.) (trash pulls corroborating informants evidence of ongoing drug activity)
- State v. Prater, 2002-Ohio-4487 (12th Dist.) (factors for staleness and ongoing criminal activity)
- California v. Greenwood, 486 U.S. 35 (1988) (no expectation of privacy in trash)