2021 Ohio 4444
Ohio Ct. App.2021Background
- Task force affidavits (beginning May 2019) and confidential informants reported Jalen Stewart was an ounce‑level dealer of fentanyl/heroin who stored drugs and had firearms at his East Lake Street residence.
- Affiant corroborated details: Cummings (cohabitant) registered to a white Chevy Cruz seen at the residence; social‑media messages showed Stewart seeking ammunition and pictured a rifle.
- A CS reported last seeing drugs in Stewart’s bedroom closet about 2½ weeks before the warrant; another informant reported multi‑ounce dealing spanning months.
- Surveillance on March 2, 2020 observed two persons visit the residence; shortly thereafter one of them was found to have heroin in her pocket.
- A search warrant was issued March 3, 2020; Stewart was indicted on multiple counts, moved to suppress alleging the affidavit was stale and lacked particularity, plea‑no contest to possession with forfeiture, sentenced to 3–4.5 years, and appealed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit was stale | Affidavit showed an ongoing, long‑running drug operation with a recent (≈1 month and surveillance day‑before) basis for a search | Information dating back to May 2019 and other older reports rendered the affidavit stale | Not stale — totality shows ongoing trafficking; recent observations and day‑before surveillance cured staleness |
| Whether affidavit sufficiently tied contraband to the residence | CS‑3 said Stewart stored drugs in his bedroom closet and had firearms, providing nexus to the home | Affidavit failed to specify that evidence would be found at the residence | Sufficient — CS statement that drugs were in the bedroom closet provided particularized nexus to the residence |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (constitutional prohibition on unreasonable searches and seizures)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality‑of‑circumstances test for probable cause in warrant affidavits)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause means probability, not prima facie proof)
- State v. George, 45 Ohio St.3d 325 (Ohio 1989) (Ohio standard for judging affidavit sufficiency and deference to issuing judge)
- State v. Andrews, 57 Ohio St.3d 86 (1991) (Fourth Amendment analysis in Ohio)
- United States v. Ortiz, 143 F.3d 728 (2d Cir. 1998) (ongoing criminal activity lessens staleness concerns)
- United States v. Martino, 664 F.2d 860 (2d Cir. 1981) (same: pattern/continuing conduct can justify warrants based on older information)