State v. Bedsole

Citations

• 2022 Ohio 3693

Syllabus

Although there was a lack of particularity in the affidavit in support of the search warrant for appellant's cell phone as to the reliability of the complainant, the failure to note the source of the phone number does not defeat probable cause, as it is not individual facts which supply probable cause, but the totality of the circumstances which control. While appellant may have placed drugs between his buttocks prior to officers instituting their investigation, the fact of appellant's incarceration in a jail where officers testified that drug searches regularly occur means that appellant knew an investigation was \likely to be instituted\, satisfying the definition of tampering with evidence. Additionally, appellant's reinsertion of the drugs as they began coming out from between his buttocks also constitutes tampering with evidence.