State v. Averesch

Citations

• 2025 Ohio 5106

Syllabus

Motion to Suppress; Identified Citizen Informant; Reasonable Articulable Suspicion; Forfeiture; Excessive Fines. Motions to suppress present mixed questions of law and fact. When a dispatcher's information comes from an informant, courts must examine the tip to examine its weight and reliability. Informants fall into three general categories: (1) anonymous informants; (2) known informants; and (3) identified citizen informants. Information from an identified citizen informant is generally considered to be more reliable. The forfeiture of a vehicle pursuant to R.C. 4511.19(G)(1)(c)(v) is a fine used to punish an offender. To determine whether an in personam forfeiture under this provision is excessive, courts are to examine whether the forfeiture is grossly disproportional to the gravity of the offense.