State v. Davenport
2012 Ohio 4427
Ohio Ct. App.2012Background
- Davenport rode as a passenger in a California rental car stopped for following too closely a tractor trailer.
- Driver Lewis provided rental agreement; Davenport not listed as an additional driver; girlfriend was renter and not present.
- Trooper Foxx ran license checks; summoned K-9 unit; dog alerted on rear door seam.
- Marijuana was found in the trunk; Davenport indicted on drug possession and paraphernalia charges.
- Davenport moved to suppress, arguing no probable cause to stop, no reasonable suspicion to detain for the canine sniff, and improper interrogation; trial court denied.
- Appellate court reverses, finding no reasonable suspicion to prolong the stop for the K-9 and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to prolong the stop for the K-9 | Davenport: insufficient suspicion to extend detention. | State: totality of circumstances supported prolongation for canine sniff. | No reasonable suspicion; prolongation improper. |
| Whether Trooper Foxx had probable cause to stop the vehicle | Davenport: probable cause lacking. | State: probable cause existed. | Not addressed on appeal. |
Key Cases Cited
- State v. Batchili, 113 Ohio St.3d 403 (2007-Ohio-2204) (detention duration analyzed under totality of circumstances)
- State v. Floyd, 2012-Ohio-990 (9th Dist. No. 2011-CA-010033) (reasonable suspicion requires more than a hunch)