State v. Dunn
2012 Ohio 1008
| Ohio | 2012Background
- Dunn, a suicidal driver, was identified via dispatch as armed and planning to kill himself on reaching a destination.
- Officer Brazel observed Dunn’s tow truck within minutes of the dispatch and stopped him with another officer present.
- Dunn was handcuffed for safety; no weapon was seen during the stop; a loaded gun was later found in the glove box.
- Dunn indicated the gun’s location to officers; he was transported to a hospital for mental-health evaluation.
- Dunn challenged the stop and statements as Fourth Amendment violations; the trial court denied suppression; the Court of Appeals reversed and suppressed the evidence.
- The Ohio Supreme Court held that the community-caretaking/emergency-aid exception justifies stopping a driver based on a dispatch about imminent self-harm with a weapon, and reinstated the trial court’s conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was valid under the community-caretaking exception | Dunn contends the stop was unreasonable without Terry-style suspicion. | State argues dispatch about armed suicidal driver justified immediate stop. | Yes; stop authorized by community-caretaking/emergency-aid exception. |
| Whether Dunn’s spontaneous statements were admissible without Miranda warnings | Spontaneous statement occurred during custody-related processing. | Statements not custodial interrogation; Miranda not required. | Miranda not required for unsolicited, spontaneous statements. |
| Whether Weisner applicability requires dispatcher reliability proof for dispatch-only stop | Weisner requires reliability indicia for dispatch-based stops | Discretionary; reliability shown by dispatcher’s facts. | Weisner applicability limits to investigative stops; here reliability not established; stop invalid if dispatch-based without reliable indicia. |
Key Cases Cited
- Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (dispatch-based stops require reliability indicia for sole basis stop)
- Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (emergency-aid exception; reasonableness standard for emergencies)
- Cady v. Dombrowski, 413 U.S. 433 (U.S. 1973) (emergency/weapon retrieval; trunk search reasonable for potential weapon)
- Michigan v. Fisher, 130 S. Ct. 546 (U.S. 2009) (emergency aid; reasonable action without ironclad proof of imminent injury)
- Brigham City v. Stuart, 547 U.S. 398 (U.S. 2006) (emergency/exigent circumstances; entry allowed based on reasonable belief of danger)