Case Details

General Information

Case Number
06CRB00476
Attorney Name
Assigned To
ALAN D HACKENBERG
Offense Date
3/21/2006
Date Filed
3/29/2006
Waiverable
No
Affiant Name
DOMME, BILL
Affiant Type
City of Findlay PD
Proof of Insurance
Unknown
Muni Name
City of Findlay

Defendant Information

Name
CHRISTINA M CIAK
Address Line 1
LKA-741 CIRCLE DR
Address Line 2
City
FOSTORIA
State
OH
ZIP Code
44830
DLN
SY500036
DOB
12/24/1982

Financial Information

Total Cost
$0.00
Total Paid
$0.00
Total Owed
$0.00

Vehicle Information

Plate State
OH
Plate Number
Vehicle Year
Vehicle Make
Vehicle Model
Vehicle Color

Warrant Information

Active Warrants
Yes

Counts

Count Number Citation Number Statute Code Statute Description Degree Plea Finding Finding Date Adjudicated By
1 2006027471 513.12C1 POSSESSION OF PARA; NOT SALE M4 NOT GUILTY UNAVAILABLE 2/15/2007
Count Number
1
Citation Number
2006027471
Statute Code
513.12C1
Statute Description
POSSESSION OF PARA; NOT SALE
Degree
M4
Plea
NOT GUILTY
Finding
UNAVAILABLE
Finding Date
2/15/2007
Adjudicated By

Hearing Information

Description Court Date/Time Court Room Heard By
Trial 2/15/2007 8:30:00 AM 1 KEVIN C SMITH
Pre-Trial with Judge 2/14/2007 1:00:00 PM 1 KEVIN C SMITH
Suppression 12/6/2006 2:00:00 PM 1 KEVIN C SMITH
Continued 9/27/2006 2:30:00 PM 1 KEVIN C SMITH
Pre-Trial 7/19/2006 8:45:00 AM 203 KEVIN C SMITH
Pre-Trial 5/17/2006 4:15:00 PM 203 KEVIN C SMITH
Arraignment 4/11/2006 8:30:00 AM
Arraignment 4/5/2006 8:45:00 AM

Docket Information

Entry Date Entry Text
4/28/2017 Case Assignment Transferred to Judge Hackenberg
8/3/2010 Collection - Manual Placement issued
6/30/2008 BW (FTA CR) RETURNED FROM SENECA CO SO (RECALLED BY MUNICOURT) $10.42 SERVICE FEE
6/26/2008 BW FOR FTA RECALLED WITH SENECA CO SO VIA FAX
12/20/2007 Warrant Block Sent to BMV
2/26/2007 DEFTS COPY OF BW RETURNED BY POST OFFICE - RETURN TO SENDER, MOVED LEFT NO ADDRESS FROM 741 CIRCLE DR, FOSTORIA OH
2/15/2007 BW FOR (FTA CR) ISSUED TO SENECA CO SHERIFF - COPY ISSUED TO FPD FOR SERVICE
2/15/2007 Attorney representation withdrawn
2/15/2007 MOTION TO WITHDRAW AS COUNSEL GRANTED by KEVIN C SMITH Judge on 02/15/2007 (THIS MATTER CAME FOR HEARING ON A FINAL PRE-TRIAL THIS 14TH DAY OF FEBRUARY 2007. PRESENT WAS COUNSEL FOR DEFENDANT, TIMOTHY A MAGEE, AND PROSECUTOR ROBERT BEUTLER. THE DEFENDANT DID NOT APPEAR. ATTORNEY MAGEE HAS FILED A MOTION TO WITHDRAW AS COUNSEL AS HE HAS BEEN UNABLE TO CONTACT DEFENDANT. IT APPEARS THAT DEFENDANT HAS LEFT THE AREA. THE COURT FINDS THAT ATTORNEY MAGEE'S MOTION TO WITHDRAW IS WELL TAKEN AND IS HEREBY GRANTED. SO ORDERED S/KCS)
2/15/2007 This matter came on for consideration this day 02/15/2007. The defendant having been duly served, failed to appear. It is therefore ORDERED that a Bench Warrant for the Defendant's arrest over a cash bond of in the amount of $300.00.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
2/15/2007 JE Continuance issued
2/15/2007 CR FTA Hearing Bench Warrant issued
2/15/2007 CASH OR SURETY Bond Set for $300.00
2/15/2007 Warrant issued for FTA CR HEARING on 02/15/2007
2/15/2007 Written MOTION TO WITHDRAW AS COUNSEL filed by Defendant's Attorney on 02/15/2007
2/8/2007 Assignment Notice issued
2/8/2007 Trial changed to 02/15/2007 at 08:30 AM in room 1 by Judge KEVIN C SMITH ***JURY DEMAND IS W/DRAWN & ATTY MAGEE REQUESTED 2/15/07 JURY TRIAL BE CANCELLED & REPLACED WITH A COURT TRIAL SAME DATE & TIME****A PRETRIAL W/COURT IS STILL SET FOR 2/14/07
2/8/2007 Assignment Notice issued
2/8/2007 Trial set for 02/15/2007 at 08:30 AM in room 1 by Judge KEVIN C SMITH ***JURY DEMAND IS W/DRAWN & ATTY MAGEE REQUESTED 2/15/07 JURY TRIAL BE CANCELLED & REPLACED WITH A COURT TRIAL SAME DATE & TIME****
2/8/2007 Canceled Jury Trial for 02/15/2007 at 08:30 AM in room 1 by Judge KEVIN C SMITH **PRETRIAL W/COURT ALSO SET FOR 2/14/07***
2/8/2007 MOTION GRANTED by KEVIN C SMITH Judge on 02/08/2007 (CANCEL JURY TRIAL. SET COURT TRIAL.)
2/7/2007 Written MOTION filed by Defendant's Attorney on 02/07/2007 (WAIVER OF JURY TRIAL)
1/4/2007 Assignment Notice issued
1/4/2007 Jury Trial set for 02/15/2007 at 08:30 AM in room 1 by Judge KEVIN C SMITH **PRETRIAL W/COURT ALSO SET FOR 2/14/07***
1/4/2007 Assignment Notice issued
1/4/2007 Pre-Trial with Judge set for 02/14/2007 at 01:00 PM in room 1 by Judge KEVIN C SMITH **JURY TRIAL ALSO SET 2/15/07***
12/20/2006 JUDGMENT ENTRY - THIS MATTER CAME TO BE HEARD UPON THE DEFTS MOTION TO SUPPRESS AND/OR DISMISS. PTLM DEETER STOPPED DEFTS VEHICLE AFTER HE NOTICED THAT ONE OF THE HEADLIGHTS WAS NOT ON. UPON INQUIRY, THE OFFICER NOTED THAT THE DEFT, WHO WAS DRIVING THE VEHICLE DID NOT HAVE A PROPER DRIVER'S LICENSE. AFTER CITING THE DEFT FOR THIS VIOLATION, HE ASKED THE DEFT FOR PERMISSION TO SEARCH THE VEHICLE. THE OFFICER STATED HE ASKED THIS BECAUSE THE DEFTS PASSENGER HAD A HISTORY OF DRUG ACTIVITY. THE DEFT REFUSED TO SONSENT TO THE SEARCH. THE VEHICLE WAS NOT OWNED BY THE DEFT, ALTHOUGH SHE FREQUENTLY USED THE VEHICLE. OFR DEETER USED HIS CANINE PARTNER, FLIP, TO PASS ALONG THE OUTSIDE OF THE VEHICLE. THE DOG INDICATED POSSIBLE ILLEGAL DRUGS NEAR THE DRIVER'S DOOR OF THE VEHICLE. THE OCCUPANTS WERE THEN REMOVED FROM THE VEHICLE AND THE VEHICLE WAS SEARCHED. OFR DEETER FOUND WHAT APPEARED TO BE MARIJUANA SEEDS AND BURNT MARIJUANA RESIDUE ON THE FLOOR OF THE VEHICLE. ANOTHER OFR ON THE SCENE PERFORMED A PAT DOWN SEARCH OF DEFT FOR WEAPONS. OFR DEETER THEN SEARCHED THE DEFTS PURSE AND LOCATED ROLLING PAPERS. THERE WAS NO TOBACCO OR MARIJUANA FOUND WITH THE ROLLING PAPERS. OFR DEETER TESTIFIED THAT THE DEFT TOLD HIM SHE HAD SMOKED MARIJUANA IN THE PAST, BUT THE DEFT DENIES THIS AT THE HEARING. THE DEFT CONCEDES THAT THE OFFICER HAD REASONABLE SUSPICION TO STOP THE VEHICLE AND PROBABLE CAUSE TO SEARCH THE VEHICLE. THE DEFT CHALLENGES, HOWEVER, WHETHER THE OFFICER HAD PROBABLE CAUSE TO SEARCH DEFTS PURSE AND PROBABLE CAUSE TO ARREST THE DEFT FOR POSSISSION OF DRUG PARAPHERNALIA. THE U.S. SUPREME COURT HAS STATED IN U.S. VS. ROSS, 456 U.S. 798 (1982) THAT IF AN OFFICER HAS PROBABLE CAUSE TO SEARCH A VEHICLE, THE SEARCH MAY EXTEND TO CONTAINERS AND RECEPTACLES IN THE VEHICLE. THERE IS NO REAL DISTINCTION BETWEEN CONTAINERS IN THE VEHICLE AND THOSE REMOVED BY THE DEFT. IF SHE HAD LEFT HER PURSE IN THE CAR, THERE WOULD BE NO QUESTION OF THE OFFICER'S ABILITY TO SEARCH IT. BY REMOVING THE PURSE, THE DEFT CREATED NO GREATER EXPECTATION OF PRIVACY. THE SEARCH IS REASONABLE BASED ON THE FACT THAT FLIP INDICATED THAT THE DRUGS WERE LOCATED BY THE DRIVER'S SIDE DOOR, WHERE THE DEFT WAS SITTING. THE DEFT FURTHER CONTENDS THAT THERE WAS NOT PROBABLE CAUSE TO ARREST HER POSSESSION OF DRUG PARAPHERNALIA IN THAT THERE WAS NOTHING TO CONNECT THE ROLLING PAPERS TO ILLEGAL DRUG ACTIVITY. THE COURT FINDS THIS ARGUMENT IS WITHOUT MERIT. THE OFFICER FOUND DRUG RESIDUE IN THE VEHICLE THAT DEFT WAS OPERATING. THE OFFICER STATED THE DEFT ADMITTED TO PAST DRUG USE AND THERE WAS NO EVIDENCE TO TIE THE ROLLING PAPERS TO ANY OTHER USE. THE DEFTS MOTION TO SUPPRESS AND DISMISS IS THEREFORE OVERRULED. THE CASE SHALL BE SCHEDULED FOR TRIAL. S/JUDGE SMITH
12/8/2006 This Day, December 08, 2006 This matter came on for hearing. It is the order, judgment and decree of this court that 12/8/06. HELD HEARING ON MOTION TO SUPPRESS/DISMISS. AFTER TESTIMONY WAS SUBMITTED, THE COURT GAVE EACH PARTY LEAVE TO SUBMIT ANY AUTHORITY ON THE ISSUES BY 12/15/06. THE COURT WILL RULE ON MOTION AFTER THAT DATE. KEVIN C SMITH Judge
11/20/2006 SUBP FOR PTLM DEETER RETURNED BY BLF WITH SERVICE FEE ($2.00)
11/17/2006 SUBP FOR PTLM DEETER FILED BY PROS OFFICE ISSUED TO BLF (LOVE) FOR SERVICE
10/3/2006 SUBP FOR PTLM DEETER RETURNED FAILED SERVICE OFFICER DEETER IS ON VACATION THIS WEEK RETURNED BY BLF (LOVE) NO FEE
10/2/2006 Assignment Notice issued
10/2/2006 Suppression continued to 12/06/2006 at 02:00 PM in room 1 by Judge KEVIN C SMITH
9/27/2006 This Day, September 27, 2006 This matter came on for hearing. It is the order, judgment and decree of this court that 9/27/06. PARTIES APPEARED ON MOTION TO SUPPRESS. CITY REQUESTED A CONTINUANCE DUE TO UNAVAILABILITY OF SUBPOENED OFFICER. THE COURT WILL GRANT CITY A ONE TIME CONTINUANCE TO PRESENT ITS EVIDENCE. KEVIN C SMITH Judge
9/25/2006 SUBP FOR PTLM DEETER RETURNED BY BLF - FAILED SERV - OFR DEETER IS ON VACATION THIS WEEK
9/22/2006 SUPB FOR PTLM DEETER FILED BY PROS ISSUED TO BLF FOR SERVICE
7/31/2006 Assignment Notice issued
7/31/2006 Suppression set for 09/27/2006 at 02:30 PM in room 1 by Judge KEVIN C SMITH
7/27/2006 Canceled Jury Trial for 08/03/2006 at 08:30 AM in room CR1 by Judge KEVIN C SMITH **PTWJ SET ON 8/2/06**
7/27/2006 Canceled Pre-Trial with Judge for 08/02/2006 at 01:00 PM in room CR1 by Judge KEVIN C SMITH **JURY TRIAL SET FOR 8/3/06**
7/26/2006 MOTION GRANTED by KEVIN C SMITH Judge on 07/26/2006 (MOTION TO VOID TRIAL DATE AND SCHEDULE HEARING ON MOTION DATE)- cancel PT and JT. No action on traffic case until motion hrg s/kcs
7/26/2006 MOTION TO DISMISS SET FOR HEARING by KEVIN C SMITH Judge on 07/26/2006 (MOTION TO SUPPRESS/DISMISS)
7/26/2006 Written MOTION filed by Defendant's Attorney on 07/26/2006 (MOTION TO VOID TRIAL DATE AND SCHEDULE HEARING ON MOTION DATE)
7/26/2006 Written MOTION TO DISMISS filed by Defendant's Attorney on 07/26/2006 (MOTION TO SUPPRESS/DISMISS)
7/19/2006 PT Report issued
7/19/2006 Recommendation: Pre-Trial held. SET FOR HEARING ON MOTION.
7/18/2006 PT Report issued
7/18/2006 Recommendation: DEFENDANT Requested additional time to consider the Prosecutor's Recommendation and is to contact the Assignment Commissioner by 08/01/2006 to advise what type of hearing to schedule in his/her case. If Assignment Commissioner is not contacted by above date the case will be set for Trial and notice will be sent to Defendant. If the Defendant's continuance is for time to consult with his/her Attorney he must notify the Assignment Commissioner, as indicated above. Otherwise, time will be charged against the defendant. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation.
7/6/2006 Assignment Notice issued
7/6/2006 Pre-Trial set for 07/19/2006 at 08:45 AM in room 203 by Judge KEVIN C SMITH
7/3/2006 Plea of NOT GUILTY entered on 06/21/2006
7/3/2006 TIMOTHY A MAGEE filed notice of appearance
6/30/2006 Attorney representation withdrawn
6/30/2006 MOTION TO WITHDRAW AS COUNSEL GRANTED by KEVIN C SMITH Judge on 06/30/2006 (UPON REVIEW OF SAID MOTION AND FOR GOOD CAUSE SHOWN IT IS ORDERED THAT KENNETH SASS SHALL BE WITHDRAWN AS COUNSEL IN THE ABOVE CAPTIONED CASE)
6/28/2006 Written MOTION TO WITHDRAW AS COUNSEL filed by Defendant's Attorney on 06/28/2006 (SASS)
6/21/2006 Written ENTRY OF APPEARANCE AS COUNSEL filed by Defendant's Attorney on 06/21/2006 (TIMOTHY A MAGEE)
6/21/2006 Written WRITTEN PLEA OF NOT GUILTY filed by DEF ATTY BY FAX on 06/21/2006
6/21/2006 Written REQUEST FOR PRETRIAL filed by DEF ATTY BY FAX on 06/21/2006
6/21/2006 Written DEMAND FOR DISCOVERY filed by DEF ATTY BY FAX on 06/21/2006
6/21/2006 Written DEMAND FOR BILL OF PARTICULARS filed by DEF ATTY BY FAX on 06/21/2006
6/21/2006 Right to speedy trial waived by defendant on 06/21/2006
6/13/2006 Assignment Notice issued
6/13/2006 Jury Trial set for 08/03/2006 at 08:30 AM in room CR1 by Judge KEVIN C SMITH **PTWJ SET ON 8/2/06**
6/13/2006 Assignment Notice issued
6/13/2006 Pre-Trial with Judge set for 08/02/2006 at 01:00 PM in room CR1 by Judge KEVIN C SMITH **JURY TRIAL SET FOR 8/3/06**
5/16/2006 PT Report issued
5/16/2006 Recommendation: DEFENDANT Requested additional time to consider the Prosecutor's Recommendation and is to contact the Assignment Commissioner by 05/31/2006 to advise what type of hearing to schedule in his/her case. If Assignment Commissioner is not contacted by above date the case will be set for Trial and notice will be sent to Defendant. If the Defendant's continuance is for time to consult with his/her Attorney he must notify the Assignment Commissioner, as indicated above. Otherwise, time will be charged against the defendant. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation.
4/12/2006 Assignment Notice issued
4/12/2006 Pre-Trial set for 05/17/2006 at 04:15 PM in room 203 by Judge KEVIN C SMITH
4/11/2006 Jury Demanded on 04/10/2006
4/11/2006 Plea of NOT GUILTY entered on 04/10/2006
4/11/2006 PAUL MAEKASK filed notice of appearance
4/10/2006 Written ENTRY OF APPEARANCE AS COUNSEL filed by Defendant's Attorney on 04/10/2006 (MAEKASK)
4/10/2006 Written REQUEST FOR PRETRIAL filed by Defendant's Attorney on 04/10/2006 (MAEKASK)
4/10/2006 Written DEMAND FOR BILL OF PARTICULARS filed by Defendant's Attorney on 04/10/2006 (MAEKASK)
4/10/2006 Written DEMAND FOR DISCOVERY filed by Defendant's Attorney on 04/10/2006 (MAEKASK)
4/4/2006 Arraignment set for 04/11/2006 at 08:30 AM
4/4/2006 MOTION FOR CONTINUANCE OF ARRN GRANTED by KEVIN C SMITH Judge on 04/04/2006 (ARRN CONTINUED TO 4-11-06 AT 8:30 AM - TIME DELAY CHARGED TO DEFT S/KCS)
4/3/2006 Arraignment set for 04/05/2006 at 08:45 AM
4/3/2006 SUMMONS RETURNED BY FINDLAY PD SHOWING PERSONAL SERVICE (DOLCH/$7.00 FEE)
4/3/2006 Written MOTION FOR CONTINUANCE OF ARRN filed by Defendant on 04/03/2006
3/30/2006 SUMMONS ISSUED TO FINDLAY PD FOR SERVICE
3/29/2006 Case Filed on 03/29/2006

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