State v. Eatmon
2013 Ohio 4812
Ohio Ct. App.2013Background
- Eatmon indicted on trafficking in drugs, aggravated possession of drugs, conspiracy to traffic in drugs, and possession of criminal tools in Scioto County.
- Eatmon moved to suppress oxycodone found in the glove compartment and an aerosol can in a vehicle he drove, and cell phone records; suppression hearing held.
- Detective Justice testified about an informant’s tip identifying a Detroit man named Mike offering to sell oxycodone; tip described vehicle details and occupants.
- Police located a blue four-door car at Kmart matching the tip; Eatmon was the driver, with a front passenger who was lying back, and a back seat passenger.
- Eatmon allegedly turned from West Street onto Gallia Street without signaling; police stopped him for a turn-signal violation and related stop.
- A canine handler’s dog alerted to the odor of illegal narcotics in the vehicle; marihuana was found on the front passenger and oxycodone was recovered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was constitutional | Eatmon argues the stop lacked justification based on informant data. | Eatmon contends police needed probable cause for the stop. | Stop upheld; observance of a turn-signal violation supports reasonable suspicion/probable cause. |
| Whether the vehicle search had probable cause | Lacks probable cause for searching the vehicle. | Dog alert provides probable cause to search the entire vehicle under automobile exception. | Dog alert supplied probable cause to search the vehicle; search valid. |
| Whether there was probable cause for arrest | Arrest lacked probable cause if stop/search were unconstitutional. | Stop/search were constitutional, so arrest was supported. | Arrest based on constitutional stop/search; no merit to challenge. |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (framework for reviewing suppression rulings; mixed law and fact)
- State v. Orr, 91 Ohio St.3d 389 (2001) (mirror of Fourth Amendment protections under Ohio Constitution)
- Katz v. United States, 389 U.S. 347 (1967) (probable cause and warrants requirement; warrantless searches invalid absent exceptions)
- State v. Williams, 2013-Ohio-594 (4th Dist Highland) (drug-sniffing dog alerts support probable cause to search vehicle)
- State v. Johnson, 2007-Ohio-3961 (6th Dist. Lucas) (dog alert corroborates probable cause to search)
- State v. Nguyen, 2004-Ohio-2879 (6th Dist.) (dog alerts as basis for probable cause in vehicle searches)
- State v. Taylor, 2008-Ohio-482 (4th Dist. Washington) (traffic violations provide basis for investigative stops)