2013 Ohio 1855
Ohio Ct. App.2013Background
- Defendant Carey was convicted on a no-contest plea for possession of cocaine in Ross County, Ohio.
- Trooper Seabolt stopped a vehicle for following too closely; there was an odor of burnt marijuana and marijuana flakes on the passenger.
- A pat-down revealed a hard object clenched between Carey’s buttocks, leading to a search.
- Rocks later identified as cocaine were recovered from Carey at the patrol post.
- Carey moved to dismiss for speedy-trial violation and separately moved to suppress; both were denied.
- Appeal challenges statutory speedy-trial timing and the legality of the vehicle stop/search under the Fourth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial violation raised | Carey argues the case violated R.C. 2945.71 et seq. | Carey contends the delay exceeded the statutory period due to tolling | No error; speedy-trial time was properly tolled and not violated. |
| Motion to suppress denial | Carey contends lack of probable cause/reasonable suspicion to stop and search | State argues totality of circumstances justified stop and search | No error; stop/search justified by odor, marijuana on shirt, rental car, and prior drug conviction. |
Key Cases Cited
- State v. Long, 127 Ohio App.3d 328 (4th Dist. 1998) (reviewing court defers to trial findings of fact in suppression rulings; mixed questions of law and fact)
- Maryland v. Pringle, 540 U.S. 366 (2003) (plural occupants and readily observable contraband support probable cause to search)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality of circumstances governs reasonable-suspicion analysis)