2019 Ohio 1724
Ohio Ct. App.2019Background
- Deputies executed a search warrant at a Hocking County residence; Deputy Robison observed Michael Collins arrive briefly in a vehicle, back out, and park on a neighboring property.
- Collins was dressed in a full ghillie (camouflage) suit similar to suspects connected to the warrant; homeowners at the neighboring property told officers they did not know him.
- Deputy Robison approached Collins (without lights/siren), asked what he was doing, and ordered him out of the vehicle; Collins initially refused, started the vehicle, and reached toward the floorboard.
- Backup arrived; Collins exited but repeatedly ignored commands to keep his hands visible and reached into his pockets/pants; officers believed he might be armed and conducted a frisk.
- During the pat-down officers discovered methamphetamine and buprenorphine in a pill bottle; Collins moved to suppress evidence, was denied, pled no contest to aggravated possession, and was sentenced to five years community control.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Collins) | Held |
|---|---|---|---|
| Whether detention/search was unlawful under Summers/Bailey | Detention was justified as incident to execution of a warrant because Collins remained in the immediate vicinity and posed a safety risk | Officer lacked authority—Collins was on neighboring property; trial court never reviewed the search warrant at suppression hearing | Court held Summers authority applied: Collins remained in the immediate vicinity and posed safety risk, so detention/search valid |
| Whether officers had reasonable suspicion for Terry stop/frisk | Officers had reasonable, articulable suspicion of criminal trespass and danger (unknown person in ghillie suit, noncompliance, reaching) | Collins argued officer lacked reasonable suspicion to stop/search him | Court held Terry justification independently supported the stop and frisk; pat-down reasonable for officer safety |
| Whether failure to introduce the search warrant at hearing invalidated use of Summers rationale | State not required to introduce warrant when defendant never challenged warrant scope/existence at trial court; issue waived | Collins argued omission precluded using Summers to justify stop | Court found Collins waived the objection by not raising it below; no requirement to introduce warrant under these facts |
| Whether evidence should be suppressed due to unreasonable search/seizure | Evidence admissible because detention and frisk were lawful under Summers and Terry | Evidence should be suppressed because initial stop/search violated Fourth Amendment | Court affirmed denial of suppression; conviction affirmed |
Key Cases Cited
- Michigan v. Summers, 452 U.S. 692 (authorizes detention of occupants during execution of a search warrant to prevent flight and ensure officer safety)
- Bailey v. United States, 568 U.S. 186 (limits Summers detentions to the "immediate vicinity" of the premises to be searched)
- Terry v. Ohio, 392 U.S. 1 (permits brief investigative stops and limited frisk for officer safety based on reasonable, articulable suspicion)
- United States v. Bohannon, 225 F.3d 615 (6th Cir.) (extends Summers rationale to individuals who approach a premises during a warrant execution)
- United States v. Arvizu, 534 U.S. 266 (permits totality-of-the-circumstances review and deference to officer inferences when assessing reasonable suspicion)