State v. Dukes
2013 Ohio 1691
Ohio Ct. App.2013Background
- Dukes was convicted after entering a no contest plea to one count of possession of cocaine (less than five grams), a felony of the fifth degree.
- The stop and ensuing search occurred after Officer Hiber stopped a vehicle because it appeared on the police tow list for unpaid parking citations.
- Executive Order 7-2012 allowed tow of vehicles with two or more unpaid citations, including ATCPS citations, and could tow when encountering the vehicle on a public street.
- Dukes and a driver were stopped; open alcohol containers were observed, and a baggie containing crack cocaine was discovered in plain view during the stop.
- Dukes admitted the crack cocaine was his after Miranda rights were read and waived.
- Dukes moved to suppress the evidence, which the trial court overruled; on appeal, the court must assess whether the stop violated the Fourth Amendment and whether the suppression remedy is proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop violated the Fourth Amendment | Dukes argues the stop was unlawful because no traffic violation or reasonable suspicion existed; the tow-list basis does not justify detention. | Dukes contends officer safety and the policy implicitly authorized stops to tow vehicles on the tow-list, legitimizing detention. | Unlawful stop; Fourth Amendment violated; suppression proper |
| Whether the evidence should be suppressed as fruit of an unlawful stop | Evidence obtained after an unlawful stop should be suppressed under Wong Sun and related suppressions. | Evidence should be admissible due to plain view and independent Miranda waiver safeguards. | Plain view and Miranda safeguards do not save the tainted stop; suppression warranted |
Key Cases Cited
- United States v. Mendenhall, 446 U.S. 544 (1980) (seizure and reasonableness framework for stops)
- Delaware v. Prouse, 440 U.S. 648 (1979) (stop of automobile requires reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable articulable suspicion justified stop)
- State v. Waddy, 63 Ohio St.3d 424 (1992) (plain view doctrine and seizure rationale in Ohio)
- Coolidge v. New Hampshire, 403 U.S. 443 (1971) (plain view exception and lawful intrusion requirements)
- State v. Davie, 86 Ohio App.3d 460 (1993) (plain view and seizure standards in Ohio appellate court)
- State v. Richardson, 94 Ohio App.3d 501 (1994) (recognition of stop basis and reasonable suspicion in Ohio)
- Wong Sun v. United States, 371 U.S. 471 (1963) (exclusion of derivative evidence from unlawful police conduct)