State v. Buchanan
2014 Ohio 3282
Ohio Ct. App.2014Background
- Early morning traffic stop on March 18, 2012 revealed drug paraphernalia and materials used to manufacture methamphetamine in a vehicle driven by Shaun Roland; passenger admitted to possessing methamphetamine.
- Sarah Buchanan arrived at the scene in a second vehicle, claimed the stopped vehicle was hers (registered to her mother), and asked to retrieve it; she appeared nervous and exhibited physical signs officers associated with meth use.
- Troopers learned Buchanan had loaned the car to Roland and were told Roland commented she was foolish for coming to the scene where a meth lab was present.
- Officer Cantora (canine handler) was called; his dog alerted to Buchanan’s vehicle after a brief interval while Buchanan and a passenger were in the car.
- A subsequent search of Buchanan’s vehicle produced drug-related items; Buchanan was indicted, moved to suppress the evidence, pled no contest, and appealed the denial of her suppression motion.
Issues
| Issue | Buchanan's Argument | State's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable, articulable suspicion to detain Buchanan and conduct a dog sniff of her vehicle | No reasonable suspicion; detention and dog sniff were unlawful, so evidence should be suppressed | Buchanan inserted herself into an active investigation, exhibited nervousness and meth-use indicators, was connected to the stopped vehicle and Roland’s comment; those facts justified detention and sniff | Court held officers had reasonable suspicion to detain Buchanan and the dog sniff/search was lawful |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003) (standard for appellate review of suppression rulings: trial court factual findings accepted if supported; legal question reviewed de novo)
- State v. Roberts, 110 Ohio St.3d 71 (2006) (warrantless searches and seizures are presumptively unreasonable)
- State v. Kinney, 83 Ohio St.3d 85 (1998) (Fourth Amendment protection against unreasonable searches and seizures)
- Terry v. Ohio, 392 U.S. 1 (1968) (officer may stop and briefly detain based on reasonable, articulable suspicion)
- United States v. Cortez, 449 U.S. 411 (1981) (reasonable suspicion judged by totality of the circumstances)
- Alabama v. White, 496 U.S. 325 (1990) (reasonable suspicion can rest on information less than probable cause)
- Florida v. Royer, 460 U.S. 491 (1983) (not all seizures require probable cause to arrest; investigatory stops permissible on reasonable suspicion)
- United States v. Place, 462 U.S. 696 (1983) (brief detentions of personal effects may be justified by specific, articulable facts suggesting presence of contraband)