State v. Stonitsch

Citations

• 2021 Ohio 2953

Syllabus

SUPPRESSION OF EVIDENCE – EXCLUSIONARY RULE – STALENESS OF EVIDENCE – GOOD-FAITH EXCEPTION – AFFIDAVIT: Where the officer's affidavit consisted only of years-old stale information and present evidence of personal drug use, there was no probable cause to search the defendant's residence for evidence of drug trafficking, and the trial court erred in applying the good-faith exception to the exclusionary rule, because the affidavit was so lacking in indicia of probable cause that no reasonable official could have believed in its existence. [But see DISSENT: A reasonable police officer would not find the affidavit so lacking in indicia of probable cause as to believe no probable cause existed therefore, the trial court did not err in finding that the good-faith exception to the exclusionary rule applied.]