2019 Ohio 4989
Ohio Ct. App.2019Background:
- On Feb. 14, 2019 Deputy Flahive ran a random registration check on the car ahead and learned the registered owner (Brittany Brentlinger) had a suspended license.
- It was dark and the deputy was behind the vehicle, so he could not identify the driver before stopping; he followed the car ~1.5 miles to a safe place and activated his lights.
- As the driver turned into a parking lot and the deputy illuminated the vehicle, he observed the driver was male (not the female registered owner).
- The deputy approached, asked for the driver’s license, and while checking it smelled marijuana; the driver (Bryant Brentlinger) and a passenger were arrested for marijuana possession and paraphernalia.
- The trial court denied Brentlinger’s motion to suppress, convicted him after a bench trial, and imposed fines; the appellate court reviewed whether the continued detention after the deputy observed the driver was not the registered owner was lawful.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the continued detention and request for identification lawful after the deputy observed the driver was not the registered owner? | The initial stop was lawful and the deputy was justified in continuing the encounter to confirm identity and run checks. | Once the deputy observed the driver was male (not the female registered owner), reasonable suspicion to detain further ended and the extended detention was unlawful. | The court held the detention was unlawfully extended after the deputy observed the driver was not the registered owner; suppression should have been granted and convictions vacated. |
Key Cases Cited
- Ornelas v. United States, 517 U.S. 690 (1996) (reasonable-suspicion and probable-cause determinations reviewed de novo on appeal)
- State v. Chatton, 11 Ohio St.3d 59, 463 N.E.2d 1237 (Ohio 1984) (officer may not continue detention once the officer observes facts that dispel the basis for the stop)
- State v. Fanning, 1 Ohio St.3d 19, 437 N.E.2d 583 (1982) (standard for appellate review of trial court factual findings on suppression)
- Dayton v. Erickson, 76 Ohio St.3d 3, 665 N.E.2d 1091 (1996) (even a de minimis traffic violation can justify a traffic stop)
- State v. Curry, 95 Ohio App.3d 93, 641 N.E.2d 1172 (1994) (appellate courts independently review legal questions in suppression rulings)