State v. Yvonne Redd and Shawn Redd
| Decision Date | 23 June 1994 |
| Docket Number | 94-LW-4068,65671/65672 |
| Parties | STATE OF OHIO, Plaintiff-appellee v. YVONNE REDD and SHAWN REDD, Defendant-appellants |
| Court | Ohio Court of Appeals |
Criminal appeal from Court of Common Pleas Case No. CR-288,534.
For plaintiff-appellee: STEPHANIE TUBBS JONES, Cuyahoga County Prosecutor, DEBORAH R. NAIMAN, Assistant, Justice Center Courts Tower, 1200 Ontario Street, Cleveland, Ohio 44113.
For defendant-appellants: JOSEPH W. DIEMERT, JR., Attorney at Law, 1360 S.O.M. Center Road, Cleveland, Ohio 44124.
Defendants-appellants, Shawn and Yvonne Redd, timely appeal final judgments of conviction and sentence of the Cuyahoga County Court of Common Pleas. Following a jury trial defendant Shawn Redd was found guilty, as indicted, of trafficking in drugs in violation of R.C. 2925.03 (), trafficking in drugs in violation of R.C. 2925.03 (), and possession of criminal tools in violation of R.C. 2923.24 (count three). Defendant Yvonne Redd was found guilty of possession of criminal tools in violation of R.C. 2923.24 (count three).
The trial court entered the jury verdict to judgment and sentenced Mr. Redd to a term of actual incarceration of fifteen years to life and a fine of five thousand dollars on count one, two years and a fine of five thousand dollars on count two, and eighteen months and a fine of two thousand five hundred dollars on count three. Ms. Redd was sentenced to a term of incarceration of three to five years and a fine of two thousand five hundred dollars.
Both appellants filed timely notices of appeal. On appellants' motion, this court consolidated the appeals for purposes of briefing, argument and disposition. Appellants raise the following assignments of error for our review:
The following relevant facts were adduced at appellants' suppression hearing and, later, at trial:
Detective Gregory Whitney,[1] an officer of the Cleveland Police Department Narcotics Unit, testified first at appellants' motion to suppress hearing. Det. Whitney has been a detective for five and one-half years and has made "thousands" of arrests for violations of the State's drug laws. Det. Whitney also testified to having conducted prior investigations of drug trafficking activities and organizations.
On the night of October 6, 1992, Det. Whitney was involved in an investigation of drug trafficking at a house located at 2201 East 100th Street. Det. Whitney explained that the police department had received information from a confidential informant (hereinafter "CI") that the house in question was being used as a "stash house" and that a large amount of cocaine being stored there would be moved before the night was over.
Det. Whitney testified that the "CI" gave him defendant Shawn Redd's name and also informed him that the house was owned by Mr. Redd's grandfather, Merlin House. The "CI" also gave Det. Whitney Mr. Redd's phone number, which Det. Whitney verified through a telekey phone book listing the number and address as belonging to Mr. House.
Based on the information obtained from the "CI," the narcotics unit set up surveillance of the house in question. Det. Whitney testified that Detectives Lyles and Roper went to the house to conduct the actual surveillance. Det. Whitney added that his squad, comprising of Sergeant Gercar (the squad's supervisor) and Detectives Shoulders, Mazur, Kooser and Muhik, was being assisted by Sergeant Mayer's squad, which included Detectives Rood, Chartschenko, Charney, Sefcik, Lyles, Lucas and Roper.
Det. Whitney testified that through the information obtained from the "CI," he concluded that the house in question was being used as a "stash house." Det. Whitney stated that a "stash house" was a residence, apartment or building used to store large amounts of cocaine. Sales are not usually conducted from a stash house in order to keep suspicion away. Det. Whitney added that there usually is not a lot of activity at a "stash house." Additionally, according to Det. Whitney, East 100th Street is not known for heavy drug trafficking.
The "CI," at approximately 1:00 a.m., called Mr. Redd at the house while Det. Whitney monitored the conversation. Det. Whitney learned, through the "CI's" conversation with Mr. Redd, that a large amount of cocaine would be moved in a short period of time. After the phone call, Det. Whitney advised Detectives Lyles and Roper over the police radio that something should be happening shortly.
Det. Whitney monitored the police radio on the night in question and learned that a male exited the house, I poked up and down the street, made a couple trips to a Cadillac parked in the driveway, walked back to the rear of the house into the back yard, walked around the block, and then returned. Later, Det. Whitney learned that a female left the residence carrying a bag in her hand, placed the bag in the trunk of a Cadillac and backed out of the driveway, heading north on East 100th Street. A license check was run on the Cadillac in question, which revealed that Merlin House was the registered owner.
Detective Jamal Ansari, an officer of the Cleveland Police Department with eight years' experience, testified next at the motion hearing.[2] Det. Ansari testified that in the three years in which he has been a detective, he has made four to five arrests per day for drug law violations.
On the night of October 6 and early morning of October 7, 1992, Det. Ansari was on duty in Sgt. Gercar's unit monitoring the police radio from a stationary surveillance post at East 97th Street. Det. Ansari stated that he had received information that a female suspect had placed some property in the trunk of a Cadillac and had proceeded northbound on East 100th Street. Det. Ansari and his squad obtained a description of the vehicle and stopped the vehicle at the intersection of East 100th Street and Carnegie Avenue.
Det. Ansari described the stop as a "felony stop" where the officers approach the vehicle with weapons displayed but not pointed. Det. Ansari approached the driver, later identified as appellant Yvonne Redd, and identified himself as a police officer. According to Det. Ansari, Ms. Redd asked why she was being stopped. Sgt. Gercar advised Ms. Redd that the officers were conducting a drug investigation and asked Ms. Redd for permission to search the vehicle. Ms. Redd responded, "Go ahead." Det. Ansari was not sure who opened the trunk but testified that inside, the officers found a blue and white "Gap" bag with a large amount of cash and a scale contained inside.
Ms. Redd was then advised of her Miranda rights and placed under arrest. Ms. Redd further stated that she understood her rights and stated, Ms. Redd further explained that she was going to the store to get a couple packs of cigarettes; however, according to Det. Ansari, two packs of cigarettes were found on the passenger seat of the car. Det. Ansari further testified that the scale appeared to have cocaine residue on it. Det. Ansari added that Ms. Redd did not appear to be under the influence of drugs or alcohol and appeared perfectly coherent.
Det. Daniel Rood, an officer of the Cleveland Police Department Narcotics Unit, with a total of seventeen years' experience in the detective bureau and four years in the narcotics unit, testified next for the state.[3] Det. Rood testified that on the night in question, he was in Sgt. Mayer's unit conducting surveillance in the perimeter around East 93rd and Carnegie. Det. Rood was in radio contact with Detectives Roper and Lyles and assisted in apprehending a male suspect later identified as appellant Shawn Redd.
According to Det. Rood, he responded to the house in question after both appellants had been apprehended. Det. Rood spoke to Merlin House, who acknowledged that he was the owner of the residence, and advised Mr. House that the police officers were there in connection with a narcotics investigation and that they had found narcotics outside the residence. Det. Rood asked Mr. House for permission to search the residence. Mr House responded that there were no drugs inside the home and that the police could search the house any time. Det. Rood obtained a consent search form, which was signed by Mr. House and witnessed by himself, Det. Shoulders, and other police narcotics officers.[4] Det. Rood testified that Mr. House did not appear to be under the influence of drugs or alcohol and appeared coherent. Det. Rood added that Mr. House appeared able to read...
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