State v. Arrasmith
2014 Ohio 4173
Ohio Ct. App.2014Background
- GPS surveillance of a vehicle linked to heroin trafficking suspect Sargent for a month.
- Deputies arranged a stop in Madison County after detecting potential traffic violations.
- Three occupants: Sargent (driver), Mickle (front passenger), Arrasmith (rear passenger).
- Deputy Heflin initiated a stop; Arrasmith exhibited furtive movements and resisted during pat-down.
- Heflin found a bulge in Arrasmith’s sock, which contained heroin capsules and was seized.
- Arrasmith moved to suppress the evidence; the trial court denied the motion; Arrasmith pleaded no contest and was convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bulge removal violated Terry/Plain Feel | Arrasmith argues removal exceeded Terry scope. | Arrasmith contends incriminating nature not immediately apparent. | No error; plain feel with probable cause justified removal. |
| Whether custodial Miranda warnings were required | Questioning occurred in custody without warnings. | Custody did not trigger Miranda for the drug discovery. | No suppression; statements did not cause the seizure; no custodial interrogation dependency. |
| Whether exigent circumstances justified warrantless seizure | Exigency not shown to justify removal. | Probable cause and exigent circumstances existed to remove the bulge. | Exigent circumstances supported warrantless removal. |
Key Cases Cited
- State v. Moore, 90 Ohio St.3d 47 (2000) (standard for reasonable searches and seizures; Terry framework)
- State v. Bobo, 37 Ohio St.3d 177 (1988) (Terry stop; weapon frisk authority)
- Maryland v. Wilson, 519 U.S. 408 (1997) (passengers may be ordered from a lawfully detained vehicle)
- State v. Reiley, 2005-Ohio-3224 (Ohio- Ct. App.) (protective frisk permissible when risk to officers exists)
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes stop-and-frisk framework)
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (plain feel doctrine—identity of contraband must be immediately apparent)
- State v. Evans, 67 Ohio St.3d 405 (1993) (limits on Terry search scope)
- State v. Davis, 12th Dist. Preble No. CA2006-10-024, 2007-Ohio-4360 (2007) (plain feel and seizure of contraband during pat-down)
- State v. Farris, 109 Ohio St.3d 519 (2006) (Miranda warnings not required for unwarned statements absent custodial interrogation driving suppression)
- State v. Vansickle, 2014-Ohio-1324 (2014) (custody/Miranda considerations in search decisions)