2022 Ohio 4353
Ohio Ct. App.2022Background
- Collins previously pleaded guilty after a motion to suppress was denied; appellate court reversed for ineffective assistance and remanded, leading Collins to plead no contest on remand.
- Incident: police responded to a reported illegal dice game; Collins was seated in a running car nearby with very dark window tint and other people in the vehicle.
- Plainclothes/unit officers had already detained some players; Officer Condon approached Collins’ car, knocked on the driver’s window, asked Collins to roll it down, and requested identification.
- While Collins handed his ID and reached toward the center console, the officer observed a bag of pills in plain view on Collins’ lap; officers then removed occupants and searched the vehicle, recovering drugs and a loaded handgun under the driver’s seat.
- Trial court denied Collins’ suppression motion, finding reasonable suspicion; Collins was convicted (no-contest pleas) of drug and weapons offenses and sentenced to one-year intensive-supervision community control on each count.
- On appeal, this court held the initial encounter was consensual (so reasonable suspicion was not required) and simultaneously held the two weapons offenses were allied and should have merged for sentencing; weapons sentences were vacated and the cause remanded for the state to elect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial police approach and questioning of Collins was an investigatory stop requiring reasonable suspicion | Officer had reasonable suspicion based on high-crime area, nearby dice game, running car with heavy tint and occupants | Encounter was an investigatory stop without reasonable suspicion; suppression required | Encounter was consensual; no reasonable suspicion required; suppression denial upheld |
| Whether carrying a concealed weapon and improper handling of a firearm in a motor vehicle are allied offenses requiring merger | Offenses are distinct and may be punished separately | Offenses are allied of similar import under Ruff because same conduct (loaded gun under seat) produced same harm and single animus | Offenses are allied under the Ruff test; weapons sentences vacated and case remanded for election |
Key Cases Cited
- Florida v. Bostick, 501 U.S. 429 (1991) (consensual encounter does not trigger Fourth Amendment seizure analysis)
- California v. Hodari D., 499 U.S. 621 (1991) (a person is free to ignore police and leave; approach/questioning alone is not a seizure)
- Terry v. Ohio, 392 U.S. 1 (1968) (investigative stop requires reasonable suspicion)
- State v. Ruff, 34 N.E.3d 892 (2015) (three-part allied-offense test: import, separate conduct, separate animus)
- State v. Crossley, 164 N.E.3d 585 (2020) (applied Ruff and held carrying concealed and improper handling merged where gun was placed under seat)
- State v. Burnside, 797 N.E.2d 71 (2003) (standard of appellate review for suppression: accept trial court’s factual findings, review legal application de novo)