State v. Wesley Rahmon
| Decision Date | 28 October 1993 |
| Docket Number | 93-LW-5226,63913 |
| Parties | STATE OF OHIO, Plaintiff-appellee v. WESLEY RAHMON, Defendant-appellant |
| Court | Ohio Court of Appeals |
Criminal appeal from Court of Common Pleas Case No. CR-273,289.
For plaintiff-appellee: STEPHANIE TUBBS JONES, Cuyahoga County Prosecutor, THOMAS A. REIN, Assistant, Justice Center, Courts Tower, 1200 Ontario Street, Cleveland, Ohio 44113.
For defendant-appellant: HYMAN FRIEDMAN, Public Defender, BEVERLY J. PYLE, Assistant, The Marion Building, #307, 1276 West Third Street, Cleveland, Ohio 44113-1569.
This is an appeal from a judgment of conviction and sentence of defendant-appellant, Wesley Rahmon, from the Cuyahoga County Court of Common Pleas, entered upon a plea of no contest to the indictment charging appellant with two counts of trafficking in drugs in violation of R.C. 2925.03.
On April 3, 1992, appellant filed a motion to suppress evidence allegedly gained as the result of an illegal search. The motion was heard on May 26, 27 and 28, 1992. Prior to commencing the hearing, the trial court granted appellant's motion for a separation of witnesses, but allowed Officer John Anderson to remain at the trial table with the assistant county prosecutor. Officer Joseph Billups testified first on behalf of the state. Officer Billups testified that he has been with the Cleveland Police Department for approximately two and one-half years. Officer Billups stated that of the approximate one hundred seventy-five arrests he has made, approximately eighty have been for violation of state drug laws. According to Officer Billups, approximately half of all drug arrestees carry weapons. Officer Billups has personally recovered large shotguns, sawed-off shotguns, uzies, small spray guns, small Excam .25 caliber automatics, and a couple of small pin guns. Officer Billups has further confiscated numerous knives with blades ranging from one and one-half to five inches in length.
On September 21, 1991, at approximately 6:00 p.m., Officer Billups and his partner, Officer Molly Carnes, were patrolling the area of East 131st and Miles Avenue when they were flagged down by a citizen who made a complaint about drug activity occurring near 14122 Christine Avenue. That address, according to Officer Billups, is a known drug trafficking area. Officer Billups obtained a description of the vehicle and males involved and relayed the information to another zone car which was assisting in drug sweeps of the area in question. Officer Billups stated that the citizen complained of two black males driving a tan Mercedes-Benz conducting drug transactions. Officer Billups further stated that he was familiar with the area as he received numerous citizen complaints and has made several arrests in that area in the past.
Officers Billups and Carnes drove down Christine Avenue and observed a vehicle matching the description of the one received by the citizen complainant pulling up to the address in question. As the officers pulled their vehicle behind the tan Mercedes-Benz, the occupants exited the vehicle and took off running through the back-yard of 14122 Christine Avenue. Officer Billups caught up with the suspects, later identified as appellant and Robert Wilks, at the side door of the house. Officer Billups testified that due to the fact that several drug arrests involving guns were made in that area, the officers patted appellant and Mr. Wilks down for their own safety. Officer Billups stated that he found nothing on Mr Wilks; however, appellant was found to be carrying a plastic baggie containing suspected powder cocaine, a plastic pill container containing twenty-nine rocks of suspected crack cocaine, and two hundred twenty-four dollars in cash.
Officer Billups explained that drug users frequently use brown medicine vials to carry rocks of cocaine so that the rocks do not dry out. Officer Billups described the pill vial as a hard, plastic container approximately three and one-half to four inches in length and one and one-quarter inch in diameter. Officer Billups stated that he has found small stiletto-type knives and small pin guns during drug arrests that are the size of the pill vial in question.
Both appellant and Mr. Wilks were subsequently read their constitutional rights, which they understood, and placed under arrest in the rear of a zone car. According to Officer Billups, there were no other individuals in the area.
On cross-examination, Officer Billups stated that there was only one other patrol car which converged with Officer Billups' at the address in question. Based on the citizen complaint, Officer Billiips stated that he believed he had "probable cause" and that he intended to "stop" the vehicle in question before the suspects got out and ran, but added that he observed some "unusual activity" before the suspects fled. Although Officer Billups did not conduct the search of appellant, he also stated that at the time the pill vial was pulled out of appellant's pocket, "we" knew it was not a weapon. However, Officer Billups stated that it is possible that a weapon, such as a knife or a razor blade might be hidden inside the pill vial.
On re-direct, Officer Billups stated that he observed "some sort of exchange" between the suspects as they sat in the vehicle in question. Officer Billups also added that at the time he pulled up behind the vehicle, his intent was to question the occupants and that he had no intention of making an arrest at that time. The reason appellant and Mr. Wilks were "apprehended" was because they fled upon observing the police officers.
Officer Dalton Preston testified next for the state. In eighteen months with the Cleveland Police Department, Officer Preston stated he has made over one hundred drug arrests and has confiscated weapons "numerous times." The address in question, according to Officer Preston, is known for drug activity. Officer Preston added that the police department has received many citizen and councilmanic complaints concerning this address.
On September 21, 1991, at approximately 6:00 p.m., Officer Preston and his partner, Officer Anderson, received a citizen complaint that two males on the next street over were selling drugs in front of 14122 Christine Avenue. The officers proceeded to the location mentioned and observed two men exiting a vehicle described in the complaint. As the officers exited their vehicles, the two men, later identified as appellant and Mr. Wilks, took off running through the back yard in question. The officers gave chase and apprehended the males in the back yard. The two suspects were brought back to the zone car and patted down for the officers' safety. As Officer Preston conducted a pat-down of the outer parameters of appellant's clothing, he felt a "bulge" which he could not identify. Officer Preston asked appellant what it was, but appellant did not respond. Consequently, Officer Preston investigated further, finding a pill vial containing twenty-nine rocks of suspected crack cocaine and a clear plastic baggie containing an undetermined amount of suspected powder cocaine. Officer Preston testified that both the twenty-nine rocks of suspected crack cocaine and the baggie containing the powder cocaine were inside the pill vial. Officer Preston added that the pill vial felt hard, like the barrel of a small caliber gun or brass knuckles.
On cross-examination, Officer Preston stated that approximately three to four police cars were involved in the drug sweep. Officer Preston stated that had appellant and Mr. Wilks not run, he would have asked them a few brief questions, which they were free to answer at their liberty. However, based on all the circumstances, including the citizen's complaint, and all of the complaints of that area, and the fact that a known drug house was involved, Officer Preston stated he intended to proceed through the back yard after the suspects to investigate further.
Officer John Anderson testified last for the state. In approximately seven years with the Cleveland Police Department, Officer Anderson has made hundreds of drug arrests and has confiscated weapons "practically every time." Officer Anderson stated that the 14122 Christine Avenue area is a known drug area and that he has personally made drug arrests involving weapons in that area.
According to Officer Anderson, he and his partner, Officer Preston, also received a citizen complaint in addition to the one received by Officer Billups and his partner. Officer Anderson explained that Officer Billups received a complaint first, then relayed the information to Officers Anderson and Preston, who later spoke with the same citizen and received the same complaint. Officers Anderson and Preston proceeded to the location in question and observed the suspects. As the officers pulled up, they were met by Officers Billups and Carnes. The suspects observed the police cars converge on them and took off running from the police cars. The suspects ran through the back yard and were apprehended immediately. They were patted down for the officers' safety. As Officer Preston removed the pill vial from appellant's pants pocket, he also inadvertently removed a clear plastic baggie containing a white powder substance, which Officer Anderson suspected was cocaine. Apparently, Officer Anderson looked inside the pill vial and saw "little rocks" of suspected crack cocaine. Officer Anderson was able to distinguish the suspected rocks of crack cocaine from prescription pills since the substances contained inside the pill vial were of "different shapes." The suspects were then read their constitutional rights and placed under arrest.
Will Johnson, who lives across the street from the house in question, was called...
To continue reading
Request your trial