State v. Stambaugh
2012 Ohio 5568
Ohio Ct. App.2012Background
- Deputy Morris sought a search warrant for the East Sterling Road trailer, its curtilage, the people inside, and their vehicles for psilocybin mushrooms, marijuana, and related paraphernalia.
- When the warrant was executed, Stambaugh sat outside the trailer; she was ordered to place hands on the trailer, handcuffed, and searched directly in her pockets.
- A cut piece of straw with drug residue was found in her pocket; she was taken inside the trailer, where deputies also searched her purse and found unmarked pills.
- Stambaugh moved to suppress all evidence seized during the raid; the trial court suppressed evidence, concluding searches of her person and purse were outside the warrant’s scope.
- The State appealed asserting the pocket search and purse seizure were within the warrant’s scope; the trial court’s ruling was partially reversed.
- The appellate court held the pocket search was outside the warrant’s scope, but the purse search was within scope because the purse was inside the trailer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the pocket search within the warrant’s scope? | Stambaugh argues searches were within curtilage/person scope. | State contends pocket search fell within the warrant allowing access to persons inside the structure or curtilage. | Pocket search outside scope; suppression affirmed as to that search. |
| Was the purse search within the warrant’s scope given the purse's location? | Misperception that purse was in car; argues warrant invalidating purse search. | Purse was inside the trailer; Burkey had authority to search it under the warrant. | Purse search within scope; remand to assess lab reports and statement suppression for other reasons. |
Key Cases Cited
- State v. Forts, 107 Ohio App. 3d 403 (9th Dist. 1995) (addressed limits of 'in the residence' scope of searches)
- State v. Morrison, 2007-Ohio-3895 (8th Dist. 2007) (distinguishes when a person on premises is treated as within scope of a warrant)
- State v. George, 45 Ohio St.3d 325 (1989) (probable cause review requires substantial basis for belief contraband will be found)
- State v. Kessler, 53 Ohio St.2d 204 (1978) (warrant searches are per se unreasonable absent established exceptions)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause assessed with totality of the circumstances)
- Coolidge v. New Hampshire, 403 U.S. 443 (1971) (establishes framework for reasonable searches under the Fourth Amendment)