2012 Ohio 4926
Ohio Ct. App.2012Background
- Appellant Brandenburg appeals a Ross County Common Pleas Court suppression ruling after pleading no contest to three counts of aggravated trafficking.
- The stop of the vehicle in which Brandenburg was a passenger was initiated by Deputy Williamson for a fog-line crossing and later for a license-plate/registration discrepancy.
- Deputies Goble and Parrett testified; a K-9 alerted to drugs after the stop, leading to searches of occupants and the vehicle.
- The suppression court ruled there was probable cause to stop for the fog-line violation and a reasonable basis for the stop due to mismatched registration.
- Appellate court reviewed de novo the trial court’s application of law to facts and upheld the stop as justified under reasonable articulable suspicion.
- Appellant was sentenced July 26, 2011; the appeal challenges the stop as unconstitutional under the Fourth Amendment and Article I, Section 14 of the Ohio Constitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the fog-line crossing gave rise to a valid stop | Brandenburg argues no probable cause; fog-line crossing is not per se a violation | State asserts reasonable articulable suspicion supported the stop | Stop justified; suppression denied |
Key Cases Cited
- State v. Mays, 119 Ohio St.3d 406 (2008) (reasonable suspicion standard for traffic stops; not require probable cause)
- State v. Orr, 91 Ohio St.3d 389 (2001) (search/seizure framework under Ohio Constitution)
- State v. Batchili, 113 Ohio St.3d 403 (2007) (reasonable and articulable suspicion framework; lane deviation context)
- State v. Williams, 51 Ohio St.3d 58 (1990) (totality-of-circumstances approach to investigative stops)
- State v. McNamara, 124 Ohio App.3d 706 (1997) (mixed question of law and fact on suppression and credibility of witnesses)
- Delaware v. Prouse, 440 U.S. 648 (1979) (probable cause not required for every traffic stop; reasonable suspicion suffices)
- United States v. Brignoni-Ponce, 422 U.S. 873 (1975) (reasonable suspicion standard for investigatory stops)
- State v. Mays (reiterated), 2008-Ohio-4539 (2008) (lane-deviation and safety considerations in R.C. 4511.33 analysis)