State v. Bishop, 2016 Ohio 7593

Jason Bishop was charged (Dec. 17, 2015) with possession of drug paraphernalia after he voluntarily handed a marijuana pipe to police at his home.
Officers responded to welfare concerns about Bishop’s minor child and were invited inside by Bishop.
Officer Kiley recorded the encounter on a lapel camera; the recording was played at the suppression hearing.
Bishop testified he initially refused to surrender the pipe multiple times, but ultimately gave it up after officers said they could obtain a warrant and after reference to his daughter.
The municipal court denied Bishop’s motion to suppress (May 2, 2016); Bishop pled no contest and was convicted and sentenced to 30 days in jail. He appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bishop’s handing over the pipe was voluntary or coerced	State: consent was voluntary under the totality of circumstances; officers were polite and noncoercive	Bishop: consent was the product of duress/coercion because officers repeatedly asked and threatened to get a warrant	Court: Voluntary — review of video and testimony shows no coercion; defendant free to move, not detained, and acted knowingly

Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (consent voluntariness is judged under the totality of the circumstances)
Bumper v. North Carolina, 391 U.S. 543 (1968) (state bears burden to prove consent, not mere submission to authority)
Ornelas v. United States, 517 U.S. 690 (1996) (reasonable-suspicion/probable-cause determinations reviewed de novo)
State v. Fanning, 1 Ohio St.3d 19 (Ohio 1982) (appellate standard for reviewing trial court findings on suppression)
State v. Williams, 86 Ohio App.3d 37 (Ohio Ct. App. 1993) (appellate review when trial court applies incorrect law)