State v. Riley, 22517 (6-13-2008)

OPINION

{¶ 1} Plaintiff-appellant the State of Ohio appeals from an order of the trial court suppressing evidence upon the ground that it was obtained as the result of an unlawful search and seizure. We conclude that there is evidence in the record to support each of the trial court's conclusions that: (1) the scope of consent given to search a residence was limited to a search for a particular person, not for firearms; and (2) crack cocaine contained in a plastic baggie that was partially visible in a shoe in a closet in the residence was not established as lying within the "plain view"…