LISBON – An appeals court disagreed with a Salem drug defendant’s attempt to challenge the denial of his request to suppress evidence in his case, affirming the trial court’s ruling.
Ronald Middleton Jr., 57, West Pidgeon Road, appealed earlier this year to the Seventh District Court of Appeals in Youngstown.
With Columbiana County Common Pleas Court Judge Scott Washam’s sentence upheld, Middleton was ordered to pay the $100 fine that had been deferred pending the appeal.
“In his sole admission of error, Middleton claims the trial court erred in denying his motions to suppress evidence. More specifically, Middleton claims the affidavit was insufficient, there was no probable cause and the search warrant was too broad. We do not agree with his arguments.” according to the recent decision.
On February 28, Middleton was fined $100 after pleading no contest and being found guilty to an amended charge of illegal use or possession of drug paraphernalia. He was originally charged with third-degree felony possession of marijuana.
A charge of aggravated drug possession, a fifth-degree felony, and monetary forfeiture specifications in a drug case were dismissed. Middleton was originally charged with possession of methamphetamine, $415 and marijuana in an amount equal to or greater than 1,000 grams but less than 5,000 grams on August 24, 2021 during a search of his residence.
An additional suppression motion was dismissed in the case on February 8, and a previous challenge to the search warrant was dismissed on June 1, 2023. The additional suppression motion was filed in July, alleging the warrant did not specifically identify marijuana as an item to be seized.
Washam found the search warrant to be correct, noting that it specified all controlled substances. Washam noted that marijuana was a controlled substance in 2021.
He had ruled on June 1, 2023 that the officer who filed the affidavit to secure the warrant had probable cause. Middleton had attempted to claim that the information used in the affidavit about his criminal history was false.
“Middleton has not provided any evidence that the affidavit contains a false or purposeful misrepresentation of information,” said the decision.
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