State v. Allen
2012 Ohio 3709
Ohio Ct. App.2012Background
- Gregory Allen appealed his conviction after a no contest plea to possession of crack cocaine (1–4 grams).
- He challenged the trial court’s denial of his suppression motion following a Terry stop of him near a closed business on Main Street at about 1:53 a.m.
- Officer Berger observed Allen crouched behind a pillar, bending or handling something in a dark area near an RTA hub, creating reasonable suspicion.
- Berger approached; Allen moved away, grabbed at his right pocket, and Berger detained him and performed a Terry pat-down during which drugs were recovered.
- The drugs (marijuana and crack cocaine) were seized from Allen’s pocket; Berger Mirandized Allen and obtained a waiver after arrest.
- The trial court denied suppression, concluding the stop was a Terry stop, the pat-down was permissible, plain feel justified the crack-cocaine retrieval, and Allen’s statements were voluntary; the appellate court affirmed based on the totality of circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and pat-down violated the Fourth Amendment. | Allen contends the stop lacked reasonable suspicion. | State asserts sufficient nexus between conduct and criminal activity. | No; reasonable suspicion supported the stop. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (permissible brief seizures for investigation of possible criminal activity)
- Mapp v. Ohio, 367 U.S. 643 (U.S. 1961) (exclusionary rule applies to unlawfully obtained evidence)
- State v. Jones, 70 Ohio App.3d 554 (Ohio App. Dist. 1990) (reasonable suspicion must be more than a hunch; totality of circumstances)
- State v. Andrews, 57 Ohio St.3d 86 (Ohio 1991) (establishes standard for reasonable suspicion under Terry)
- State v. Heard, 2003-Ohio-1047 (Ohio App. 6th Dist. 2003) (risk-based assessment of stop in light of credible testimony)