State v. Crittenden, Unpublished Decision (11-19-2001)
State v. Crittenden, Unpublished Decision (11-19-2001)
Opinion of the Court
John Wheeler contacted Officer Sorbello of the Clermont County Sheriff's Department in November 2000. Wheeler was concerned about the debts he incurred to satisfy his addiction to crack cocaine. He had already lost two vehicles to his crack supplier, Philip Tribble. Unable to compromise his debt with Tribble, Wheeler decided to have him arrested. Wheeler discussed the possibility of assisting the sheriff's department with a narcotics investigation of Tribble.
Several days after his initial contact with the sheriff's department, Wheeler called Officer Sorbello and explained that he had made arrangements to have $600 worth of cocaine delivered to his apartment. Wheeler stated that Tribble would soon arrive with two friends to make the delivery.
Officer Sorbello, accompanied by other officers, set up surveillance of Wheeler's apartment in an unmarked vehicle. Wheeler, at the request of Officer Sorbello, taped a sign to his front door indicating that he left the apartment and would return shortly. Officer Sorbello watched as a blue Cadillac containing three individuals stopped in front of Wheeler's apartment. Appellant and Tribble left the vehicle and knocked on Wheeler's apartment door. Wheeler paged Sorbello and said, "Hey, they're here, you guys, they're here."
The officers converged on appellant and Tribble with their weapons drawn. The officers ordered the suspects to the ground, where they were handcuffed. Sorbello informed appellant and Tribble of their rights pursuant to Miranda v. Arizona (1966),
The officers transported appellant and Tribble to the sheriff's office. Tribble was not interrogated because he requested an attorney. Officer William Williams interrogated appellant. Officer Williams told appellant that Tribble identified him as Wheeler's crack cocaine supplier. Upon hearing the accusation, appellant reached down his pants and withdrew cocaine and a pipe from his groin area. He tossed the contraband onto a table and said, "I am not taking the fall for what Tribble has arranged."
Appellant was indicted for possession of cocaine in violation of R.C.
Appellant pled no contest to the charge. The trial court adjudicated appellant guilty of the offense and sentenced him accordingly. Appellant appeals and assigns one assignment of error for review as follows:
THE TRIAL COURT ERRED IN OVERRULING THE MOTION TO SUPPRESS.
In his assignment of error, appellant argues that the trial court erred by denying his motion to suppress evidence for two reasons. Appellant first maintains that the officers lacked probable cause to arrest him. Second, appellant asserts that there was no evidence that he knowingly, intelligently and voluntarily waived his privilege against self-incrimination. We will address each contention in turn.
In reviewing a trial court's decision on a motion to suppress, an appellate court must accept the trial court's factual findings if they are supported by competent, credible evidence. State v. Anderson (1995),
Appellant first argues that the officers did not have sufficient probable cause to arrest appellant at the scene.1 Appellant notes that he was not the target of the criminal investigation conducted by the police. Appellant asserts that the reliability of Wheeler's information is "questionable" because he was a known "bad crack addict" who had a vendetta against Tribble. Appellant also asserts that there was no corroboration of the information provided by Wheeler.
Probable cause to make a constitutionally valid arrest without a warrant exists if all the facts and circumstances within the arresting officer's knowledge were sufficient to cause a prudent person to believe that the individual had committed or was committing an offense. Ornelasv. United States (1996),
An informant's tip may contribute to the circumstances supporting probable cause to arrest. Id. In determining whether an informant's tip supports probable cause to arrest, a reviewing court should examine the "totality of the circumstances" surrounding the informant's tip. Gates,
Generally, an informant's tip is reliable and trustworthy when evidence uncovered by independent police work corroborates the information supplied by the informer. See State v. Heston (1972),
The investigation in this case, which led to appellant's arrest, resulted from the information supplied by Wheeler. Wheeler met with Officer Sorbello on a prior occasion to discuss the investigation. Wheeler indicated to the officers that Tribble, accompanied by two friends, would be delivering cocaine to his apartment on a specific day at a specific time. The officers independently verified the information on surveillance when they observed three people arrive at Wheeler's apartment. When they approached his apartment, Wheeler called the officers and told them, "They're here." Wheeler's information combined with the independent investigation of the officers provided sufficient information upon which a reasonable and prudent individual could rely in believing that Tribble and appellant were committing or were about to commit a crime. Under the totality of the circumstances the officers had sufficient probable cause to arrest appellant.
Appellant next argues that the state failed to demonstrate that he knowingly and voluntarily waived his privilege against self-incrimination. Appellant also asserts that Officer Sorbello did not adequately advise him of his rights because he was handcuffed and lying face down on the ground.
The trial court found that Officer Sorbello adequately informed appellant of his rights pursuant to Miranda. Although appellant testified somewhat to the contrary at the hearing on the motion to suppress, the evaluation of evidence and the credibility of witnesses are issues for the trial court. See State v. Mills (1992),
In determining whether a defendant voluntarily, knowingly, and intelligently waived his Miranda rights, a reviewing court is required to consider the totality of the circumstances to determine whether (1) the waiver was a voluntary exercise of will rather than the product of intimidation or coercion; and (2) the defendant was fully aware of the nature of his rights and the consequences of his decision to waive them.Moran v. Burbine (1986),
The trial court inferred that appellant waived his right against self-incrimination from his actions. The record amply supports that inference. The officers began their interrogation by telling appellant that Tribble identified appellant as Wheeler's supplier. According to the officers, appellant said nothing. Instead, he reached into his underwear and pulled cocaine and a pipe from his crotch. He tossed the items onto a table and said, "I am not taking the fall for what Tribble has arranged." At that time, the officers again gave appellant Miranda warnings before taking a recorded statement. Appellant's recorded statement inculpated Tribble.
Appellant's act of reaching into his underwear is not a self-incriminating statement. Although there can be no doubt that the officers' statement was designed to elicit a response, the officers did not anticipate that the statement would prompt appellant to retrieve contraband from his underwear. When appellant spoke, his statement was not self-incriminating, but was one designed to inculpate Tribble. From the record, it is obvious that appellant understood his rights, but wanted to inculpate Tribble. In fact, the officers testified that appellant was extremely cooperative in providing them with information. Based on the surrounding circumstances, we conclude that the trial court correctly inferred that appellant understood and waived his rights.3
Thus, we conclude that the trial court did not err by denying appellant's motion to suppress. Appellant's assignment of error is overruled.
YOUNG, P.J., and WALSH, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.