State v. Keese

Citations

• 2024 Ohio 5075

Syllabus

CONSTITUTIONAL LAW/CRIMINAL – SEARCH AND SEIZURE – PROBABLE CAUSE – REASONABLE SUSPICION – SEARCH WARRANT – INEFFECTIVE ASSISTANCE OF COUNSEL – STANDING – SENTENCING – ALLIED OFFENSES – R.C. 2925.03: The trial court did not err in denying defendant's motion to suppress evidence recovered from his person where there was reasonable suspicion to stop him, permitting the officers to conduct a protective sweep of defendant's person where a firearm, narcotics, and drug paraphernalia were recovered. The trial court erred in finding that defendant lacked standing to challenge the search of the residence of his girlfriend where the record shows that defendant was an overnight guest and had an expectation of privacy. The trial court did not err in denying defendant's motion to suppress evidence found in defendant's girlfriend's apartment where the affidavit in support of the search warrant was supported by probable cause. The trial court erred by imposing separate sentences for two counts that were allied offenses that should have been merged at sentencing pursuant to R.C. 2925.03.