State v. Banks-Harvey
2016 Ohio 4715
| Ohio Ct. App. | 2016Background
- Trooper Pohlabel stopped a vehicle after observing traffic violations; Banks-Harvey was a passenger.
- Officer observed fresh needle marks on the hands of Banks-Harvey and the driver, requested a K-9, and Mirandized Banks-Harvey in the cruiser.
- K-9 alerted on the vehicle; officers found a bloody rag and an empty capsule consistent with heroin packaging.
- Pohlabel handcuffed Banks-Harvey and, within 2–3 minutes of questioning, told her he would get a warrant, have her taken to a hospital for an ultrasound/body-cavity search, and that she could face a tampering charge and jail if drugs were found on her.
- Pohlabel also told her cooperation could result in a lesser charge; Banks-Harvey then admitted she had heroin concealed in her vagina and surrendered the drugs.
- She was charged with fifth-degree felony heroin possession, moved to suppress the confession and the recovered drugs, and the trial court denied suppression; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of confession | Officer statements were not coercive; brief, nonthreatening interrogation and defendant coherent | Officer’s threats/inducements (warrant/body-cavity search, tampering charge, 48‑hour jail/dope‑sick) overbore will making confession involuntary | Confession voluntary under totality of circumstances; suppression denied |
Key Cases Cited
- Colorado v. Connelly, 479 U.S. 157 (1986) (coercive police activity is a necessary predicate to finding a confession involuntary under Due Process)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (appellate review of suppression is mixed question: accept trial court factual findings if supported, review legal conclusions de novo)
- State v. Clark, 38 Ohio St.3d 252 (1988) (totality‑of‑circumstances test and that inherently coercive tactics trigger analysis)
- State v. Cooey, 46 Ohio St.3d 20 (1989) (admonitions to tell the truth and assurances of leniency are not coercive)
- United States v. Faruolo, 506 F.2d 490 (2d Cir. 1974) (advice that police can obtain a warrant is not coercive if officers in fact had probable cause to obtain a warrant)