State v. Workman
2017 Ohio 2802
| Ohio Ct. App. | 2017Background
- Union Township police investigated defendant Perry Workman’s stepson for a multi‑crime spree; the stepson lived in Workman’s house.
- Officers obtained and executed a warrant authorizing a search of the residence for small items tied to the stepson’s crimes (cell phones, clothing, cigarette packs, multimedia devices, etc.), and to search all containers and safes.
- During the search officers found marijuana, hash, pills, and cash in multiple locations, including a clothing pile in the bedroom shared by Workman and his wife and inside a safe.
- Workman was indicted for trafficking in drugs (elevated because it occurred in the vicinity of a juvenile), corrupting another with drugs, and two possession counts.
- The trial court denied Workman’s motion to suppress; he pled no contest to trafficking and corrupting charges, the possession counts were dismissed, and he received consecutive sentences totaling six years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers exceeded the scope of the warrant by searching Workman’s bedroom and safe | State: Warrant authorized searching the residence and containers for items tied to the stepson; small items could be located anywhere in the home | Workman: Search exceeded the warrant’s scope because bedroom/safe searches were not authorized for him | Court: Search was within the warrant’s scope; bedroom and safe searches valid; suppression denied |
| Whether trafficking and corrupting‑another offenses are allied offenses requiring merger | State: Offenses are distinct—trafficking victim is the public, corruption victim is the stepson; different harm and animus | Workman: Convictions should merge as allied offenses arising from the same conduct | Court: Offenses are dissimilar in import and committed with separate animus; no merger required |
Key Cases Cited
- United States v. Ross, 456 U.S. 798 (1982) (a lawful premises search extends to areas where the object of the search may be found)
- State v. Ruff, 143 Ohio St.3d 114 (2015) (explains Ohio allied‑offense test and factors)
- State v. Williams, 134 Ohio St.3d 482 (2012) (appellate review standard for R.C. 2941.25 merger determinations)