State v. Bales, 2012 Ohio 4968

Appellant Justin Bales was indicted for possession of heroin and possession of drug abuse instruments following a no-contest plea and was later sentenced to community control.
Defense moved to suppress evidence (heroin and syringe from the sock) arguing the stop and search were illegal; an evidentiary hearing occurred.
On December 10, 2010, Dayton officers observed a vehicle commit a turn-signal violation and initiated a traffic stop.
Officer Malson suspected the passenger might be concealing a weapon due to her movements inside the vehicle, leading to a pat-down and confinement of the driver.
Consent to search the vehicle was obtained from Bales, and cut-up cigarette filters were found, which the officer testified can be used to filter heroin.
During processing, the female passenger was found with a needle; a second pat-down of Bales revealed a bulge in his sock containing a heroin capsule and another needle.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the suppression ruling was proper under Fourth Amendment standards	State contends stop/search lawful; consent validated search	Bales argues illegal search and improper stop	Overruled; search valid and evidence admissible

State v. Hopfer, 112 Ohio App.3d 521 (Ohio 1996) (trial court credibility; standard of review for suppression rulings)
State v. Retherford, 93 Ohio App.3d 586 (Ohio 1994) (appellate review of factual findings from suppression hearings)
City of Dayton v. Erickson, 76 Ohio St.3d 3 (Ohio 1996) (reasonable suspicion can justify stop for minor traffic violation)
United States v. Leon, 468 U.S. 897 (U.S. Supreme Court 1984) (exclusionary rule; evidence obtained via valid warrantless search exceptions)
State v. Wilburn, 188 Ohio App.3d 384 (Ohio 2010) (consent to search during traffic-stop processing valid if voluntary during detention)