2011 Ohio 2921
Ohio Ct. App.2011Background
- State indicted Carmichael on six counts including drug trafficking, possession, tools, and evidence tampering based on an incident Dec 3, 2009.
- Detective Crayton observed a male hand something to a passenger in a minivan, described as a hand-to-hand exchange, from an undercover vehicle near Hampden Ave and E. 105th St.
- McCully followed the minivan; it stopped on Tacoma Ave near E. 106th St; two marked cars boxed the vehicle and stopped it.
- Officer Kilbane recovered a plastic baggie with crack cocaine from Carmichael during a pat-down after the stop.
- Carmichael moved to suppress the evidence; the trial court granted suppression, relying on Pettegrew’s articulation standard.
- Court of Appeals affirmed the suppression, holding the stop violated the Fourth Amendment; Justice Celebrezze dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the investigative stop was supported by reasonable suspicion | State argued an exchange plus surrounding facts show suspicion. | Carmichael argued no articulable facts show a crime was afoot. | Stop violated Fourth Amendment; suppression affirmed. |
Key Cases Cited
- State v. Williams, 2003-Ohio-2647 (Ohio App. Dist. 2003) (framework for suppression review and Terry stop analysis)
- State v. Burnside, 2003-Ohio-5372 (Ohio) (mixed question of law and fact in suppression rulings)
- State v. Pettegrew, 2009-Ohio-4981 (Ohio) (requires articulable basis for observed exchange in a high-crime area)
- State v. Agee, 2010-Ohio-5074 (Ohio) (labels of observed behavior insufficient; must articulate exchange)
- State v. Toles, 2011-Ohio-217 (Ohio) (affirmative statement of hand-to-hand exchange required for stop standard)