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.