State v. Howard

Citations

• 2023 Ohio 4618

Syllabus

MOTION TO SUPPRESS – PROBABLE CAUSE – R.C. 2925.03 – SUFFICIENCY AND WEIGHT OF THE EVIDENCE – CONSTRUCTIVE POSSESSION: The trial court did not err in denying defendant's motion to suppress where the affidavit supporting the search warrant obtained to search defendant's residence was supported by probable cause. Where the evidence established that defendant resided in the basement of the home where drugs were discovered, defendant's personal effects were found in the basement, defendant was observed engaging in hand-to-hand drug transactions outside of the home, and defendant was the subject of a traffic stop during which drugs were found in his vehicle, the evidence was sufficient to establish that defendant constructively possessed the drugs found in the basement of his home.