State v. Covert, 2011 Ohio 4713

Covert was a backseat passenger stopped during a nighttime headlight violation and the driver consented to a vehicle search.
Officer Aller conducted a protective pat-down of each occupant and, with consent, allowed a pocket search of Covert.
Two metal pipes and marijuana were found in Covert’s pocket during the pocket search.
Covert was charged in two municipal-court cases: possession of drug paraphernalia and possession of marijuana.
Covert moved to suppress the evidence; the trial court denied; he pled no contest and then moved to withdraw, eventually appealing the suppression ruling.
The appellate court reviewed on mixed questions of law and fact, affording deference to the trial court’s findings of fact and credibility.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Fourth Amendment suppression of evidence	Covert argues the pat-down and pocket search violated rights	State contends searches were reasonable for officer safety and consent	Pat-down not unreasonable; pocket search voluntary consent; suppression denied

Terry v. Ohio, 392 U.S. 1 (1968) (allowable stop and frisk under reasonable suspicion)
Arizona v. Johnson, 555 U.S. 323 (2009) (passengers may be subjected to frisk during lawful traffic stop)
Maryland v. Wilson, 519 U.S. 408 (1997) (officer safety justifies passengers exiting a stopped vehicle)
Pennsylvania v. Mimms, 434 U.S. 106 (1977) (driver may be ordered to exit a stopped vehicle for safety)
Brendlin v. California, 551 U.S. 249 (2007) (passengers are seized along with the driver during a traffic stop)
State v. Robinette, 80 Ohio St.3d 234 (1997) (voluntariness of consent judged under totality of circumstances)
Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (voluntariness of consent requires totality of circumstances)
State v. Evans, 67 Ohio St.3d 405 (1993) (plain-feel doctrine considerations in seizing contraband)