State v. Anderson
2012 Ohio 441
Ohio Ct. App.2012Background
- In July 2010 Dayton police investigated a reported stolen semi-truck tractor allegedly located in an open-air gravel lot at 2160 Jergens Road, Dayton, and confirmed the target vehicle by its license plate from a public-access vantage.
- Officers obtained access to the lot from the owner, Kossoudji, towed the tractor and inspected the adjacent trailers to identify the stolen trailer via license plates and VINs, without entering any vehicle.
- Anderson had leased the spaces where the vehicles were parked; Officer Scott spoke with Anderson and Miranda rights were administered to him, though he was not under arrest.
- An aerial photograph of the lot, with markings showing the four spaces and the gate, was admitted into evidence.
- Anderson was charged with multiple counts, and moved to suppress the evidence as the result of an unlawful search and seizure; the trial court suppressed the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Anderson had a reasonable privacy interest in the leased spaces adjacent to his vehicles | Anderson | Anderson | No reasonable expectation of privacy |
Key Cases Cited
- State v. Retherford, 93 Ohio App.3d 586 (2d Dist. 1994) (deference to trial court findings; suppression review de novo)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (standard for determining reasonable suspicion; de novo review)
- United States v. Gooch, 499 F.3d 596 (6th Cir. 2007) (no reasonable expectation of privacy in a parking area open to the public)