2025 Ohio 2167
Ohio Ct. App.2025Background
- Darnell A. Tarver was convicted after no contest pleas to trafficking in cocaine and having weapons while under disability, following the denial of his motion to suppress evidence obtained through multiple search warrants.
- The case arose after another individual was arrested with cocaine and informed police that Tarver supplied the drugs at Tarver's residence in Xenia, Ohio.
- Police used the individual’s statements, corroborated basic details (address, vehicle, phone number, utility bills), and obtained search warrants for Tarver’s residences, a storage unit, and a bank account.
- The search of Tarver’s Thoreau Lane residence produced cocaine, marijuana, a firearm, and documentation, which led to further searches and additional evidence.
- Tarver’s motion to suppress the evidence challenged the sufficiency and particularity of the affidavits, the freshness of the information, and the application of the good faith exception.
- The trial court denied the suppression motion, finding probable cause for the warrants, and this denial was affirmed on appeal.
Issues
| Issue | Tarver's Argument | State's Argument | Held |
|---|---|---|---|
| Probable Cause for Search Warrant | Affidavits lacked timely/spatial nexus; info was stale; no fair probability | Corroboration and recent temporal info provided sufficient nexus | Affidavit established probable cause |
| Veracity of Informant | Affidavit failed to establish credibility of the informant | Informant’s info was corroborated through independent police work | Corroboration sufficient to establish reliability |
| Facial Sufficiency and Particularity of Warrant | Affidavit and warrants were vague or overbroad | Affidavit detailed specific locations, items, and suspect’s statements | Warrants were sufficiently particular |
| Good Faith Exception to Exclusionary Rule | Not applicable due to deficient probable cause/affidavits | Officers reasonably relied on neutral judge and substantial affidavit | Exception would apply—even if probable cause lacked |
Key Cases Cited
- State v. George, 45 Ohio St.3d 325 (Ohio 1989) (sets out standard for probable cause in search warrant affidavits)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (establishes totality of circumstances test for probable cause)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good faith exception to the exclusionary rule)