Miranda Search Warrant, Motion to Suppress Granted

In 2010, a Cleveland Police Narcotics Detective received information that
the defendant was receiving large amounts of narcotics in the Cleveland
area from the Mexican Mafia. The detective’s source also said the
narcotics were coming from Columbus and arriving at a Cleveland pizza
shop. The defendant was the operator of that pizza shop. The detective
posed as a buyer and met with the defendant to purchase a kilogram of
cocaine. They also discussed future drug transactions during the sting
operation.

Members of the Cuyahoga County Sheriff’s Department, Cleveland Police
Narcotics Unit and the Medina County Drug Task Force were waiting outside
the defendant’s residence with a search warrant on July 16, 2010.
They searched the property and found that the defendant had thrown the
drugs elsewhere but police did recover a scale, guns and ammunition from
the residence. The defendant was charged with trafficking and other major
drug offenses. In
drug offense prosecution where police were in the process of executing a search warrant
of defendant’s premises, it was error to deny motion to suppress statement
after Miranda warning since detention and arrest were far from property
to be searched.