State v. Gies

Citations

• 2019 Ohio 4249

Syllabus

MOTION TO SUPPRESS – R.C. 2951.02 – CONSTITUTIONAL LAW/CRIMINAL – SEARCH AND SEIZURE – PLAIN-VIEW EXCEPTION – GOOD-FAITH EXCEPTION – DRUGS – WEAPONS: Where defendant had absconded from community control, the trial court did not err in denying defendant's to suppress the evidence seized after a warrantless search of defendant's home where some of the evidence seized was in plain view and the probation officers' good-faith belief that R.C. 2951.02(A) enabled them to execute a warrantless search protected the remaining evidence from the exclusionary rule. Defendant's convictions for having weapons while under a disability and aggravated trafficking in drugs were supported by sufficient evidence and were not against the manifest weight of the evidence where the police officer testified at trial that the firearms located in defendant's home were operable based on his post-seizure test fire and where the evidence showed the probation officers discovered multiple bags of narcotics, a digital scale, a notebook listing drug prices correlating with the amount of cash found on the defendant, and empty baggies in the bedroom with defendant's name on the wall.