State v. Wallace
2016 Ohio 4922
| Ohio Ct. App. | 2016Background
- Early morning traffic stop for speeding; Wallace (driver) and a male passenger in the car.
- Officer Heinz smelled alcohol and saw a marijuana stem on Wallace's lap; he removed the stem and placed it on the vehicle.
- Officers learned Wallace's license was suspended and the passenger also lacked driving privileges; a tow was requested.
- Officer Pfeifer observed Wallace put a small baggie in his mouth; Wallace refused orders to open his mouth, chewed, tried to swallow it, and fled when officers attempted to retrieve it.
- Officers subdued Wallace, recovered a saliva-covered baggie containing cocaine from the ground next to his face; Wallace was indicted for cocaine possession and tampering with evidence.
- At trial, Wallace moved for acquittal under Crim.R. 29; the motion was denied, and the jury convicted him of both counts. Wallace appealed only the tampering conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to support tampering conviction under R.C. 2921.12(A)(1) (knowledge of investigation likely, alteration/concealment, and purpose to impair evidence) | State: The stop escalated to a likely drug investigation (marijuana stem, license suspensions, tow); Wallace knowingly concealed/removed cocaine by putting it in his mouth and fleeing, intending to impair evidence. | Wallace: At the time he put the baggie in his mouth the officers were only looking for marijuana and matters related to the car; no ongoing or likely cocaine investigation (relying on Straley). | Court affirmed: viewing evidence in state's favor, a rational juror could find Wallace knew an investigation was ongoing/likely and acted to conceal/remove cocaine to impair its availability; conviction supported. |
Key Cases Cited
- State v. Straley, 139 Ohio St.3d 339 (2014) (tampering requires proof the defendant intended to impair evidence related to an existing or likely investigation)
- State v. Hancock, 108 Ohio St.3d 57 (2006) (standard for reviewing sufficiency of the evidence; verdict must be supportable by any rational trier of fact)