State v. Curtis, 951 N.E.2d 131

Curtis was convicted of one count aggravated possession of drugs (bulk amount but < five times bulk) and sentenced to five years’ community control with license suspension.
Police responded to an anonymous tip alleging Curtis trespassed at 2 Chase Drive, Chevy Chase Apartments; officers did not verify the tip before arriving.
Officers observed Curtis and another man near Curtis’s vehicle, with Yoder parked behind the vehicle restricting movement.
Officer Yoder retained Curtis’s driver’s license to verify identity and trespass status after determining Curtis was not banned; Curtis was not told he was free to leave.
Officer Myers observed three unlabeled orange pill bottles with white residue inside Curtis’s vehicle and later found more prescribed medications and controlled substances during searches; Miranda warnings were given after arrestee was identified.
Curtis moved to suppress physical evidence and pre-arrest statements; the trial court denied suppression; Curtis pleaded no contest to one count; the court sentenced him. The Court of Appeals sustains the suppression issue and reverses/remands.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the detention supported by reasonable suspicion?	Curtis: no reasonable suspicion after not trespassing.	Curtis contends continued detention after finding no trespass was unlawful.	Sustained; unlawful detention and suppression required.
Miranda/5th Amendment concern and pre-arrest questioning	Curtis argues questioning without Miranda infringed rights.	State contends questioning occurred during lawful detention.	Moot; issue becomes moot after reversal.
Unlawful search of the vehicle	Motions to suppress the searches should have been granted.	Police searches were based on probable cause and consent.	Moot; issue becomes moot after reversal.

State v. Hopfer, 112 Ohio App.3d 521 (Ohio Ct. App. 1996) (standard for suppression and factual credibility in appellate review)
State v. Venhavi, 96 Ohio App.3d 649 (Ohio Ct. App. 1994) (framework for evaluating Fourth Amendment encounters)
State v. Taylor, 106 Ohio App.3d 741 (Ohio Ct. App. 1995) (three categories of police-citizen encounters; consensual, investigative detention, arrest)
State v. Inabnitt, 76 Ohio App.3d 586 (Ohio Ct. App. 1991) (analysis of seizure when officer blocks movement and detains)
State v. Campbell, 157 Ohio App.3d 222 (Ohio Ct. App. 2004) (not free to leave when officer partially blocks vehicle and retains license)
State v. Jones, 188 Ohio App.3d 628 (Ohio Ct. App. 2010) (detailing implied restraint via retained license and blocking vehicle)
State v. Retherford, 93 Ohio App.3d 586 (Ohio Ct. App. 1994) (general framework for suppression standards)
State v. Isaac, 2005-Ohio-3733 (Montgomery Dist. Ct. App. 2005) (appellate review of trial court factual findings)