So says the Twelfth District Court of Appeals in the case of State v. Spicer, 2009-Ohio-6173. Spicer was convicted of possession of drug paraphernalia and he appealed. The Court of Appeals reversed and discharged Spicer because the State failed to deliver sufficient evidence to support his conviction.
When Officer Johnson of the Hamilton Police Department stopped Spicer for a minor traffic offense, Johnson saw a digital scale in the car that was covered with a white powdery substance. If that substance had been crack or powder cocaine, the State would have little trouble getting their conviction for possession of drug paraphernalia. But in this case the State presented no evidence that the white powdery substance was in fact crack or powder cocaine. The Twelfth District wrote, "[m]ere possession of a digital scale, without more, is not a criminal offense."
Officer Johnson testified that the substance appeared to be crack or powder cocaine, but he conceded that chalk dust and talcum powder also could appear to be white and powdery. Did Officer Johnson or the prosecutors think the substance was chalk or talcum powder? Of course not, but this case is a good illustration of what the State has to do to prove a case "beyond a reasonable doubt." Mere speculation is not enough. The State has to prove every element of an offense beyond a reasonable doubt. The State failed in this case and you can read the decision by clicking here.
