State v. Davis
2017 Ohio 5613
| Ohio Ct. App. | 2017Background
- On Nov. 6, 2015 Dayton officers responded to Good Samaritan Hospital where Austyn DeLong was detained for heroin; his companion (later identified as Barbara Davis) sat in security with a handbag and gave the name "Kelly Wood" to hospital security.
- DeLong told Dayton officers that the drugs and a syringe belonged to his companion and referred to her as "Barb." Officers ran the "Kelly Wood" identifiers and located a record; Perdue became suspicious and arrested Davis for giving false identifying information.
- After Davis was handcuffed, a female officer found syringes and heroin capsules in Davis’s bra; Perdue observed white powder spill from Davis’s open canvas handbag and saw baggies and a scale; a field test was positive for cocaine.
- Davis moved to suppress her statements and the seized evidence; the trial court denied the motion, concluding Davis knowingly waived Miranda, the searches were incident to a lawful arrest and in plain view, and inevitable discovery applied.
- Davis pled no contest to possession of cocaine and appealed, arguing the arrest lacked probable cause (so searches were unlawful) and that her statements were not properly Mirandized.
- The majority reversed: it held officers had only reasonable suspicion (not probable cause) to arrest Davis for providing false identifying information, so the arrest and ensuing searches/statements were unlawful and fruits of the poisonous tree.
Issues
| Issue | Plaintiff's (State) Argument | Defendant's (Davis) Argument | Held |
|---|---|---|---|
| Probable cause to arrest for false identifying information | Hospital security provided identifiers in Davis's presence; DeLong implicated Davis; officer reasonably believed Davis gave false ID — arrest lawful | Davis only gave the name to hospital security, not the Dayton officers; no probable cause that she committed obstructing/falsification | Held for Davis: officer had only reasonable suspicion, not probable cause, to arrest for false ID; arrest unlawful |
| Admissibility of searches (search incident/plain view/inevitable discovery) | Searches were lawful incident to Davis’s arrest and items in plain view; alternatively inevitable discovery would have yielded evidence | Searches flowed from an unlawful arrest and must be suppressed as fruit of the poisonous tree | Held for Davis: because arrest lacked probable cause, searches incident to arrest invalid and evidence suppressed |
| Miranda warnings at scene (pre-arrest statements) | Officer Hieber read Miranda card; Davis waived and spoke | Davis contends statements made without proper Miranda advisement | Held: majority concluded Miranda waivers were validly obtained but suppressed derivative physical evidence because arrest/search were unlawful (suppression of statements also addressed by trial court but central ruling focuses on search legality) |
| Waiver and procedural waiver of issues on appeal | State contends Davis failed to specify probable-cause basis below and thus waived challenge | Davis argued suppression hearings addressed probable-cause issues; State was on notice | Held: majority found State had notice of probable-cause dispute (no waiver), but Davis waived the argument that hospital security were not public officials because she failed to raise it below |
Key Cases Cited
- State v. Retherford, 93 Ohio App.3d 586 (2d Dist. 1994) (standard of appellate review on suppression: accept trial court fact findings, review legal conclusions de novo)
- Xenia v. Wallace, 37 Ohio St.3d 216 (Ohio 1988) (motion to suppress must state particular grounds or issues are waived)
- Brinegar v. United States, 338 U.S. 160 (U.S. 1949) (probable cause defined as reasonable grounds for belief of guilt; practical, nontechnical standard)
- State v. Lazzaro, 76 Ohio St.3d 261 (Ohio 1996) (unsworn false oral statements to a public official can violate falsification/obstruction statutes)
- Adams v. Williams, 407 U.S. 143 (U.S. 1972) (officer may briefly stop and investigate based on reasonable suspicion)
- Heien v. North Carolina, 135 S.Ct. 530 (U.S. 2014) (reasonable mistake of law can justify a stop under the Fourth Amendment)