State v. Bergk, 2017 Ohio 8210

On May 2, 2016 Officer Charles Sims (in uniform, marked cruiser) responded to a drive‑thru report that one car rear-ended another and that the rear driver "seemed just not right." No vehicle damage; neither driver wanted police action.
The drive‑thru employee later told Sims the rear vehicle was parked at the side of the building; Sims pulled in behind it and ran the tag, effectively blocking the car.
Occupants were Dorothy Bergk (driver) and a male passenger whom Sims recognized from a prior (dismissed) drug trafficking indictment. Bergk said she felt unwell; Sims observed the passenger as visibly nervous.
Sims assessed no DUI or medical emergency, but called for a canine unit based on the occupants’ demeanor and past history. Dispatch cleared Bergk (valid license, no restrictions) before the dog arrived.
About 10 minutes into the encounter a drug‑sniffing dog alerted and officers found heroin in Bergk’s purse; Bergk moved to suppress the evidence but the trial court denied the motion.
After conviction on a no contest plea and community control, Bergk appealed arguing (1) the initial stop was an unreasonable seizure and (2) the detention was unlawfully prolonged to await a canine sniff/search.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the initial contact/stop was a seizure requiring reasonable suspicion	Says officer had reasonable grounds (drive‑thru report that driver "not right," vehicle parked, officer safety) warranting an investigatory stop	Argues employee’s vague comment and no damage/no request for assistance did not supply specific, articulable facts for a Terry stop	Majority: Initial detention was reasonable under community‑caretaking/emergency‑aid facts; concurrence would have found no reasonable suspicion
Whether prolonging the stop to summon a drug‑sniffing dog and conduct a warrantless canine sniff was lawful	Says canine call was justified by nervousness, lack of eye contact, prior drug involvement — supplying articulable suspicion to extend detention	Argues officer had already ruled out DUI/medical emergency and dispatch cleared Bergk, so further detention for a sniff exceeded the stop’s purpose	Court: Prolongation exceeded scope; detention to await canine was unreasonable and suppression should have been granted

Whren v. United States, 517 U.S. 806 (vehicle stops are seizures; objective reasonableness governs)
Terry v. Ohio, 392 U.S. 1 (officer may conduct brief investigatory stops based on specific and articulable facts)
Florida v. Royer, 460 U.S. 491 (detention must last no longer than necessary to effectuate stop)
Ornelas v. United States, 517 U.S. 690 (reasonable suspicion/probable cause reviewed de novo)
State v. Batchili, 113 Ohio St.3d 403 (2007) (stop may continue if additional facts give rise to reasonable, articulable suspicion beyond initial reason for stop)