OH3: PC for anticipatory SW exists here merely because drug traffickers commonly use their home to store drugs

The trial court did not err by denying the motion to suppress because the issuing judge had a substantial basis for concluding that probable cause for an anticipatory search warrant existed. Evidence of drug trafficking, without more, furnished probable cause to search the residence of a man who was known to reside with defendant because drug traffickers often keep evidence of their illicit activities in their residences. The evidence indicated an ongoing relationship between the CI and defendant’s housemate, such that he both sold drugs to the CI and was comfortable enough in the presence of the CI to have the CI accompany him to various locations around town while he boasted about the quantity of drugs he had for sale. As to defendant’s argument the warrant was stale, their relationship extended for months, and there was information from the CI about defendant being in possession that day. State v. Reece, 2017-Ohio-8789, 2017 Ohio App. LEXIS 5227 (3d Dist. Dec. 4, 2017).

This entry was posted in Anticipatory warrant, Staleness. Bookmark the permalink.

Comments are closed.