No. 18-9565

Casey Stoermer v. Ohio

Lower Court: Ohio
Docketed: 2019-06-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consent drug-possession exigent-circumstances fourteenth-amendment fourth-amendment probable-cause search-and-seizure search-warrant sentencing-enhancement warrantless-search
Key Terms:
FourthAmendment DueProcess FifthAmendment CriminalProcedure Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the warrantless search of Stoermer's apartment was justified despite the lack of exigent circumstances

Question Presented (from Petition)

QUESTION PRESENTED Casey Stoermer lived in a separate apartment connected to the home of Aaron Smith. On the morning of June 21, 2016, law enforcement officers went to Smith’s home to arrest Smith. Officers went into Stoermer’s private apartment under the guise of looking for him so he could care for Smith’s two children. Illegal drugs were discovered. Officers then obtained a search warrant for the house. Instead of confining the search to the area described in the warrant and supporting affidavit, they also searched a car parked out in the open on a driveway, off the street. Inside the car, more drugs, of type found in the apartment, were found. The drugs were treated as separate amounts, and Stoermer was sentenced consecutively regarding both amounts. From this set of facts, this case presents the following questions: 1) Whether the warrantless search of Stoermer’s apartment was justified despite the lack of exigent circumstances. 2) Whether the search of the car that was not mentioned in either the warrant or the supporting affidavit was justified. 3) Whether the failure to merge the two amounts of drugs for sentencing purposes was justified. i

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Waiver of right of respondent State of Ohio to respond filed.
2019-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)

Attorneys

Casey Stoermer
Kort W. GatterdamCarpenter Lipps and Leland, Petitioner
Kort W. GatterdamCarpenter Lipps and Leland, Petitioner
State of Ohio
Andrew P. PickeringClark County Prosecutor's Office, Respondent
Andrew P. PickeringClark County Prosecutor's Office, Respondent