State v. Sheron, 2013 Ohio 1989

Sheron was charged in a seven-count indictment in February 2012 with drug-related offenses, Counts 1–3 alleged to have occurred January 5, 2012 and Counts 4–7 on January 11, 2012.
In June 2012, Sheron moved to suppress evidence and to disclose the confidential informant; the trial court denied both motions.
A controlled heroin buy on January 5, 2012 used a CI; the CI was recorded and transported to a Whitethorn Avenue residence in Cleveland for the purchase.
Detective Toth obtained a search warrant for the Whitethorn residence based on an affidavit; the affidavit did not mention Sheron's name during the probable cause showing.
Before the search, Toth learned from Captain Heffernan that Sheron resided at the house, used aliases, had a photo on file, and had four outstanding warrants and a suspended license.
The January 11, 2012 search of the home yielded cocaine residue, a firearm, and cash; Sheron was arrested on warrants and for driving under suspension.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the stop of Sheron constitutional?	Sheron contends stop lacked basis; no identity, no warrant, no observed crime.	State argues knowledge of Sheron's identity, aliases, and warrants justified stop; anticipatory stop acceptable.	Stop constitutional; based on known identity and outstanding warrants.
Was the motion to disclose the CI properly denied?	CI testimony essential; disclosure would aid defense given challenged transactions.	CI disclosure not required where the CI testimony is not essential and affidavit remains probative.	No abuse of discretion; CI disclosure denied.
Was defense counsel ineffective for not moving the warrant affidavit into the record?	Failure to include the affidavit impeded review of probable cause; ineffective assistance under Strickland.	Affidavit presumed valid; trial court reviewed it; no deficiency shown.	No ineffective assistance; record supports regularity and probable cause.

State v. Greathouse, 2010-Ohio-3855 (8th Dist. 2010) (suspension of driving privileges supports stop where owner is driver)
State v. Mack, 2009-Ohio-1056 (9th Dist. 2009) (suspended license justification for investigatory stop)
State v. Metcalf, 2007-Ohio-4001 (9th Dist. 2007) (probable cause and stop analysis)
State v. Jones, 2004-Ohio-1535 (7th Dist. 2004) (use of owner’s identity in stop justification)
Rocky River v. Saleh, 139 Ohio App.3d 313 (8th Dist. 2000) (informant identification and suppression considerations)
State v. Dimmings, 2002-Ohio-803 (8th Dist. 2002) (CI testimony and aid in evaluating suppression issues)
Illinois v. McCray, 386 U.S. 300 (Supreme Court 1967) (Franks framework for challenging warrant affidavits)
State v. Roberts, 62 Ohio St.2d 170 (1980) (affidavit presumption of validity and proof requirements)
Franks v. Delaware, 438 U.S. 154 (198, 1978) (standard for falsity and reckless disregard in warrant affidavits)
State v. Bays, 1999-Ohio-216 (Ohio Supreme Court 1999) (balance of informant disclosure factors)