State v. Russell
2013 Ohio 4895
Ohio Ct. App.2013Background
- Detective Timothy Harvey obtained search warrants for two Akron addresses (1228 Girard St. and 590 Johnson Ct.) after surveillance and controlled buys in November 2011.
- Officers observed John Russell leave the Girard Street residence, drive vehicles registered to him to the Johnson Court address, and meet persons there who later were found with crack cocaine.
- A controlled buy was arranged: an informant purchased crack cocaine from Russell at the Johnson Court location after Russell left Girard Street; the informant produced the purchased drugs to law enforcement.
- Russell was indicted for possession and trafficking of cocaine and related offenses; he moved to suppress evidence seized at Girard Street, arguing the Girard affidavit lacked probable cause.
- The trial court denied suppression; Russell pleaded no contest to trafficking, received a six-year sentence, and appealed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Girard St. affidavit provided a substantial basis for a finding of probable cause | Affidavit lacked specific facts tying drug activity to 1228 Girard St.; no ownership, utility, or residency links; contested paragraph referred to Johnson Ct. | Affidavit showed Russell kept vehicles at Girard St., left from there before drug transactions, received calls there, and an informant said Russell resided there and possessed drugs | Court held affidavit provided probable cause under totality of circumstances; warrant upheld |
| Whether allegedly misleading/ambiguous affidavit language defeats the good-faith exception | Detectives deliberately included misleading information so good-faith exception should not apply | Trial court found evidence admissible under good-faith if probable cause lacking; court noted good faith but decision on suppression moot after probable-cause ruling | Issue ruled moot because court affirmed probable cause; good-faith challenge overruled |
Key Cases Cited
- Whiteley v. Warden, 401 U.S. 560 (Sup. Ct. 1971) (issuing magistrate must be supplied sufficient information to make independent probable-cause determination)
- Illinois v. Gates, 462 U.S. 213 (Sup. Ct. 1983) (probable cause assessed under totality of the circumstances; magistrate needs fair probability that evidence will be found)
- State v. George, 45 Ohio St.3d 325 (Ohio 1989) (reviewing court must determine whether issuing magistrate had a substantial basis for concluding probable cause existed)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard of review for mixed questions of law and fact in suppression hearings)