State v. Roberts, Unpublished Decision (1-29-2003)
State v. Roberts, Unpublished Decision (1-29-2003)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Defendant-Appellant Lloyd A. Roberts has appealed from an order of the Summit County Court of Common Pleas that denied his motion to suppress evidence. This Court affirms.
{¶ 4} In his sole assignment of error, Appellant has argued that the trial court erred in denying his motion to suppress the evidence seized during the warrantless entry and search of his home. Appellant has contended that there were no exigent circumstances such as would justify the officers' intrusion into the home without a warrant, without Appellant's consent, and in violation of the "knock and announce" rule codified at R.C.
{¶ 5} An appellate court's review of a trial court's ruling on a motion to suppress evidence presents a mixed question of law and fact.State v. Long (1998),
{¶ 6} In its order denying Appellant's motion, the trial court found that Keith Gowens of the Summit County Sheriff's Office and several other narcotics detectives were working with a confidential informant to set up a drug buy. During the course of their preparations, the informant began receiving pages from Appellant, who was known to the informant as "Chicago." The informant told the detectives that in prior conversations he had arranged to purchase cocaine from Appellant. After the informant continued to receive the pages, detectives told the informant to call Appellant. Appellant and the informant then made arrangements over the telephone to meet at an address on Neiman Street, where the informant would purchase cocaine from Appellant.
{¶ 7} The informant was equipped with a body transmitter and thirty-five hundred dollars in photocopied currency, and an undercover officer drove the informant to the Nieman Street address. The informant entered the residence and purchased four and one-half ounces of cocaine from Appellant, as detectives monitored the transaction via the informant's body transmitter. The informant then exited the residence and turned over the cocaine to the undercover officer.
{¶ 8} After debriefing the informant, the detectives and officers approached the residence to arrest Appellant. As they ascended the front steps to the home, Appellant opened the door. Upon seeing the detectives and officers, however, Appellant attempted to slam the door shut and flee into the dwelling. Police then entered the residence and apprehended Appellant, placed him under arrest, and conducted a brief sweep of the house to make sure there were no other occupants in the home.
{¶ 9} Inside the home, officers and detectives observed suitcases behind a love seat. In response to the detectives' inquiry, Appellant claimed that the suitcases belonged to him and consented to a search of them by the officers. During the search of the suitcases, police recovered the buy money tendered by the informant in exchange for the cocaine.
{¶ 10} The trial court then determined that exigent circumstances justified the officers' warrantless entry of the home. Specifically, the court concluded that the evidence of the cocaine purchase — drugs and the buy money — could easily be removed or destroyed. Based on its finding of exigent circumstances, the court found that the warrantless entry of the home was lawful, and once police were inside the home Appellant freely and voluntarily consented to a search of the suitcases.
{¶ 11} After thoroughly reviewing the record, we find that the trial court's factual findings are supported by competent, credible evidence. Detective Gowens was the sole witness at the hearing on the motion to suppress, and his description of the drug buy and Appellant's subsequent arrest supports the trial court's detailed findings.
{¶ 12} The Fourth Amendment to the Unites Stated Constitution, as applied to the states through the Fourteenth Amendment, prohibits unreasonable searches and seizures. Section
{¶ 13} Following Mincey v. Arizona (1978),
{¶ 14} In the case sub judice, the trial court determined that exigent circumstances existed based on the fact that the evidence of Appellant's drug activity could be easily removed or destroyed. We agree. The destructibility of the narcotics involved, combined with the relative ease with which Appellant could have dispersed the buy money into the stream of commerce, justified immediate action by the police.1 SeeSmith, supra at 4; Carroll, supra at 6.
{¶ 15} Having determined that exigent circumstances relieved the police of the need to obtain a warrant to enter Appellant's residence, we now turn to the reasonableness of that entry under the Fourth Amendment. Appellant has argued that the officers' intrusion into his residence violated the "knock and announce" rule because the officers failed to knock and announce their intentions prior to forcibly entering his home.
{¶ 16} Pursuant to R.C.
{¶ 17} The sufficiency of an officer's pause after announcing his presence and before admitting himself into a home depends on the specific facts and circumstances of each case. Dixon,
{¶ 18} In the case at bar, Officer Gowens testified that Appellant opened the door to his residence and saw the police ascending the front steps of his home with a ram. The officer explained: "He observed us coming, he attempted to slam the door shut and flee into the residence at which time we went just right on in and were able to take him into custody right into the living room." From the officer's testimony, it is clear that Appellant was aware that police were approaching his front door with the intent to enter the premises. Appellant's attempt to slam the door and retreat into the home manifested his intent to not allow the police inside. Under these circumstances, the officers' failure to knock and announce their presence did not deprive Appellant of notice of the officers' presence or an opportunity to allow them to enter peaceably. Rather, any delay by the officers would only have permitted Appellant time to secure a weapon to resist the officers' entrance, to conceal or destroy evidence, or to flee from the house. In light of these exigent circumstances, strict compliance with R.C.
{¶ 19} The trial court determined that, once the officers were inside the home, Appellant freely and voluntarily consented to a search of his suitcases. Appellant has not challenged this determination on appeal, and we therefore will not engage in further analysis with respect to the search. As the warrantless entry and apprehension of Appellant was constitutionally permissible, and Appellant thereafter freely and voluntarily consented to a search of his suitcases, the assignment of error must fail.
SLABY, P.J. and CARR, J. CONCUR.
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