[Cite as State v. Shoults, 2019-Ohio-1400.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO FAYETTE COUNTY STATE OF OHIO, : CASE NO. CA2018-05-009 Appellee, : OPINION 4/15/2019 : - vs - : CLAYTON J. SHOULTS, : Appellant. : CRIMINAL APPEAL FROM FAYETTE COUNTY COURT OF COMMON PLEAS Case No. CRI 20170334 Jess C. Weade, Fayette County Prosecuting Attorney, John M. Scott, Jr., Fayette County Courthouse, 110 East Court Street, Washington Court House, OH 43160, for appellee James T. Boulger, 45 West Fourth Street, Chillicothe, OH 45601, for appellant M. POWELL, J. {¶ 1} Appellant, Clayton Shoults, appeals a decision of the Fayette County Court of Common Pleas denying his motion to suppress. {¶ 2} On October 17, 2017, law enforcement officers executed a search warrant at a single-family home located at 1117 Yeoman Street in Washington Court House, Ohio (the "target residence"). The search warrant was predicated upon an affidavit filed the day Fayette CA2018-05-009 before by Anthony Cable, a special agent of the Ohio Department of Taxation, Criminal Investigation Division. {¶ 3} The Ohio Department of Taxation ("ODT") had discovered that several fraudulent income tax returns had been filed for inmates incarcerated in Ohio Correctional Institutions. In his affidavit, Agent Cable stated that ten such false tax returns were electronically filed in April 2017, and that they were associated with three separate Internet Protocol ("IP") addresses. Five of those false tax returns were associated with one particular IP address. This IP address was issued by Charter Communication to an individual identified as suspect 1. Associated with each electronically filed tax return was a bank account to which each tax refund was deposited. Four bank accounts were used for the ten false tax returns. The four bank accounts were linked to four "Netspend" cards. In April and May 2017, all four bank accounts were accessed electronically from the IP address issued by Charter Communication to suspect 1. {¶ 4} The affidavit stated that because suspect 1 had moved several times between May and October 2017, ODT was unable to determine a permanent residence for suspect 1. Consequently, ODT obtained a warrant from the Franklin County Common Pleas Court to place a GPS tracking device on the vehicle driven by suspect 1. The GPS tracking device showed that between September 6, 2017, and October 16, 2017, the vehicle driven by suspect 1 was parked numerous times at or in the vicinity of the target residence in Washington Court House. {¶ 5} The affidavit stated that suspect 1 had an extensive criminal record, including crimes of violence and narcotics trafficking. The affidavit further stated that another individual, suspect 2, was also believed to be residing in the target residence and that he, too, had an extensive criminal record, including kidnapping, weapons charges, and other crimes of violence. -2- Fayette CA2018-05-009 {¶ 6} The affidavit stated that Agent Cable had been a special agent with ODT's Criminal Investigation Division for 16 years and that he had conducted and participated in investigations ...
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