State v. Aslinger, 2012 Ohio 5436

Deputy Moore stopped a vehicle on SR 35 after Davis, an informant, claimed Aslinger was being driven to Dayton to buy heroin and would return via Preble County.
Davis stated he drives Aslinger to Dayton to obtain heroin and then returns to Aslinger’s house where heroin is cut for distribution.
Davis signaled Deputy Moore that heroin was in the car; at approximately 12:51 p.m. the vehicle entered Preble County traveling with left-of-center behavior.
On stop, the driver provided his brother’s name and social security number; Deputy Moore observed a bag of heroin or cocaine on the front passenger floorboard; a canine gave a positive alert to the passenger front door area.
A search of the vehicle revealed heroin; appellant was transported to the sheriff’s office, where he signed a Miranda waiver and spoke with Deputy Moore.
Appellant was indicted for possession of heroin, moved to suppress, suppression denied, pled no contest, and was sentenced to three years in prison.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the stop and seizure supported by probable cause?	Aslinger	Aslinger	Probable cause supported stop; suppression denied
Were the statements admissible despite the stop and arrest?	Aslinger	Aslinger	Statements admissible; second assignment overruled

Beck v. Ohio, 379 U.S. 89 (U.S. 1991) (probable cause standard for arrest without a warrant)
Michigan v. DeFillippo, 443 U.S. 31 (U.S. 1979) (search incident to lawful arrest permissible)
State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (totality of the circumstances for probable cause; reasonable suspicion standard)
State v. Oglesby, 2005-Ohio-6556 (Ohio 2005) (probable cause and stop analysis in suppression ruling)
State v. Rice, 69 Ohio St.2d 422 (Ohio 1982) (search incident to arrest authority)