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OH9: No standing in a drug house

By John Wesley Hall, Jr.

Location of search as a drug processing house, not a residence, so defendant had no standing as a guest. State v. McCoy, 2008 Ohio 4947, 2008 Ohio App. LEXIS 4150 (9th Dist. September 29, 2008): [*P10] It is obvious from the evidence that the house at 1114 W. 18th Street was a place for storing and trafficking drugs, and not a traditional place of residence. When asked to describe the inside of the house in question, one of the arresting police officers stated: "It appeared to be a place where they were bringing in marijuana, cocaine, [and] they were repackaging it for distribution." The nature of the house had been so converted by the lessee that it had lost its character as a residential dwelling and with it the heightened protection inherent in such property...continue to full post

Full post as published by Fourth Amendment on September 30, 2008 (boomark / email).