State v. Morris

1

2023-Ohio-168

State of Ohio Appellee v. Lawrence Morris, Jr. Appellant

No. L-22-1025

Court of Appeals of Ohio, Sixth District, Lucas

January 20, 2023

Trial Court No. CR0201902771

Julia R. Bates, Lucas County Prosecuting Attorney, and Brenda J Majdalani, Assistant Prosecuting Attorney, for appellee.

Dennis C. Belli, for appellant.

DECISION AND JUDGMENT

PIETRYKOWSKI, J.

{¶ 1} Appellant, Lawrence Morris, Jr., appeals the judgment of the Lucas County Court of Common Pleas, following a jury trial, convicting him of one count of possession of cocaine. For the reasons that follow, we affirm.

I. Facts and Procedural Background

{¶ 2} On October 9, 2019, the Lucas County Grand Jury returned a four-count indictment against appellant, charging him with one count of trafficking in cocaine, one count of possession of cocaine, one count of receiving stolen property, and one count of misdemeanor endangering children. The charges arose following the July 12, 2019 execution of a search warrant that uncovered two bags of cocaine inside the residence located at 2110 Airport Highway, Toledo, Ohio.

{¶ 3} Following an initial plea of not guilty appellant moved to suppress the evidence seized from the residence. Appellant argued that the affidavit supporting the search warrant failed to establish probable cause to believe that evidence would be found at the residence.

{¶ 4} Toledo Police Detective Ryan Klump submitted the affidavit, in which he detailed appellant's history of drug encounters, including a traffic stop that Klump participated in on October 23, 2018. During that stop, the vehicle appellant was driving was discovered to have approximately 44 grams of cocaine. The affidavit further detailed information from three confidential sources who observed appellant make hand to hand transactions, and meet with people for short amounts of time, which Klump stated was consistent with drug trafficking. Klump stated in the affidavit that the sources have assisted him in criminal investigations for between one and four years, have provided information that has led to the seizure of contraband, have provided information that has been verified as credible and accurate, and have assisted him in the arrest and conviction of numerous narcotics traffickers. Notably, Klump used substantially identical language to describe the credibility of each source.

{¶ 5} The sources identified appellant and his silver Dodge Ram truck, and provided information that appellant resided at 2110 Airport Highway. The observations from the confidential sources occurred between January and July 2019. Some of the specific observations included source three informing Klump on June 11, 2019, that appellant was observed trafficking cocaine; source one informing Klump on June 20, 2019, that appellant had just received 10 pounds of marijuana; and source three informing Klump on July 5, 2019, that appellant had just sold two "zips" (ounces) of cocaine from 2110 Airport Highway. Klump also stated in his affidavit that during this time, surveillance was conducted on 2110 Airport Highway, and appellant was observed frequently entering and exiting the property, using his key to lock and unlock the property, and parking his silver Dodge Ram truck in the garage.

{¶ 6} Following a hearing on the motion to suppress, the trial court denied appellant's motion, finding that there was "more than a substantial basis for a conclusion of probable cause."

{¶ 7} Thereafter, the matter proceeded to a three-day jury trial at which the state called five witnesses. The first witness was Toledo Police Detective Robert Tyburski. Tyburski assisted with the execution of the search warrant on July 12, 2019. Tyburski testified that no one was home when they entered. Tyburski first searched the kitchen and discovered a revolver in a kitchen cabinet. Tyburski next searched the living room and found a bankcard and an expired Ohio driver's license belonging to appellant.

{¶ 8} The next witness to testify was appellant's probation officer, Dave Schultz. Schultz authenticated records from the probation department in which appellant reported his residence as 2110 Airport Highway on monthly forms from May 2019 through February 2020.

{¶ 9} The third witness to testify was Chadwyck Douglas, who works at the Toledo Police Crime Lab. Douglas testified as an expert witness in the field of drug analysis. Douglas testified that he tested two substances. One he identified as marijuana, weighing 11.91 grams. The other substance he identified as cocaine hydrochloride weighing 37.14 grams.

{¶ 10} The fourth witness was Kaitlyn Porter, who works at the Toledo Police Forensic Lab. Porter testified that she test-fired the revolver, as well as a rifle recovered from the scene, and both weapons were found to be operable.

{¶ 11} The last witness to testify for the state was Detective Klump. Klump testified that he conducted surveillance on 2110 Airport Highway over 20 times as part of a narcotics and drug trafficking investigation. Klump often observed appellant arrive at the location, park his silver Dodge Ram truck in the garage, walk to the front door, and unlock the front door with a key. In addition to appellant, Klump observed 10 to 20 other people coming and going from the residence, ranging in age from toddlers to pre-teens to adults. Klump testified that the high amount of traffic is common for houses that are used for drug trafficking.

{¶ 12} Klump also participated in a "trash pull" from the residence, and discovered mail addressed to appellant at 2110 Airport Highway. Klump also discovered a "ripped baggy," which he testified was associated with drug trafficking.

{¶ 13} Klump then testified to the execution of the search warrant. Klump testified that appellant was named in the warrant based upon Klump's observation of him, as well as the fact that Klump "received a lot of information that he was using 2110 to traffic narcotics, and all my information was corroborated with my surveillance of the location and Lawrence Morris throughout the City of Toledo."

{¶ 14} When entry was made into the residence, no one was inside. Klump testified that two large baggies of cocaine were found in the dining room, along with a bowl containing cocaine residue, two scales, and some spoons for mixing drugs. Specifically, the items were found in the center drawer of a built-in cabinet located under a window. Klump identified the baggies of cocaine as the same cocaine that was tested by Douglas. In the living room, in addition to appellant's bank card and expired driver's license, the detectives found approximately $7,000 and a digital video recording system used for surveillance. The $7,000 was found in a drawer below an armrest of the sectional sofa, and was located next to a piece of mail addressed to L. Thomas, LLC, at 2110 Airport Highway. Klump testified that through his investigation he learned that L. Thomas, LLC, was owned by appellant. Upstairs, the detectives found a loaded AK-47 rifle leaning against the wall of a bedroom. Lastly, Klump testified that a prescription bottle belonging to appellant was found at the residence. The prescription bottle listed appellant's address as being on Avondale Ave. in Toledo, Ohio, and allowed for one refill until November 26, 2018.

{¶ 15} As the last part of his direct testimony, Klump testified regarding the contents of the digital video recording system that was seized. The recording showed appellant coming and going from the house on multiple occasions and at varying times between May 26 and June 2, 2019. On a few occasions, appellant was carrying a package, and on at least one occasion, appellant appeared to be carrying a firearm. In addition to appellant's coming and going, the recording showed several other adults, and some children, entering and exiting the house.

{¶ 16} On cross-examination, Klump was asked about a shooting that occurred at 2110 Airport Highway on May 21, 2019, which Klump alluded to in his direct testimony. The police report from that shooting listed appellant as a victim, but also listed Marcus Matlock as a second victim and a resident of 2110 Airport Highway.

{¶ 17} Klump also testified on cross-examination that the digital video recording showed another individual, not appellant, coming and going from the residence and using a key to enter the house. In addition, the video showed at least one other individual entering the house with some sort of bag. Klump also admitted that he did not photograph or take other documents or pieces of mail, which he admitted were present in the residence and belonged to someone else. Further, Klump agreed that the last time appellant was observed at 2110 Airport Highway was June 21, 2019, but the search warrant was not executed until July 12, 2019.

{¶ 18} On the subject of confidential informants, Klump confirmed that he used confidential informants as part of his investigation, but testified that none of the confidential informants ever participated in a controlled buy or purchased cocaine from appellant, and none of them purchased cocaine from 2110 Airport Highway. Klump also agreed that the search warrant affidavit does not state that any of the confidential informants had ever been inside 2110 Airport Highway or witnessed appellant conducting a drug transaction inside 2110 Airport Highway.

{¶ 19} On redirect examination, Klump was asked about his use of confidential informants in the following exchange:

Q. And in relation to this case did you use one confidential informant or multiple?

A. Multiple.

Q. And in general, do you recall what if any information they provided you?

A. They provided me with observing Lawrence Morris making drug deals and giving me information about

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