State v. Elliott, 2012 Ohio 3350

Stopped Elliott for a broken taillight and one working headlight on East Main St., Canfield; pulled to a gas station parking lot.
Observed Elliott with dilated pupils, disorientation, and lethargy; no smell of alcohol or marijuana at the scene.
Consent to search Elliott's person was given; no consent to search the vehicle.
K-9 unit was requested; it ultimately did not respond; Elliott was subjected to field sobriety tests and arrested for OVI.
Inventory search of the vehicle revealed a pipe with marijuana residue, a marijuana cigarette, and methamphetamine in a lock box; Elliott admitted pipe/cigarette ownership but denied meth ownership; Miranda waiver status was disputed; evidence was later challenged in a motion to suppress.
Convictions included OVI, possession of drug paraphernalia, and marijuana possession, with a missing headlight violation; the trial court denied the suppression motion; on appeal, the conviction on OVI and drug offenses were reversed and remanded for suppression of evidence obtained during the stop.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop was unreasonably prolonged beyond the time needed to issue a ticket.	Elliott argues Bennett extended the stop without reasonable suspicion for additional investigation.	Bennett contends the extension was for a canine search and officer safety, based on observed impairment.	Yes; prolonged stop without reasonable suspicion invalidates the seizure.

State v. Robinette, 80 Ohio St.3d 234 (1997) (restrictions on continued detention after an initial traffic stop; need reasonable suspicion to extend stop for activities like searches)
State v. Myers, 63 Ohio App.3d 765 (1990) (detention duration tied to articulable suspicion supporting expanded investigation)
State v. Aguirre, 2003-Ohio-4909 (Ohio Ct. App.) (limits on canine searches during an initial traffic stop)
State v. Grenoble, 2011-Ohio-2343 (Ohio Ct. App.) (totality of circumstances; diligence in stop procedures)
State v. Winger, 2007-Ohio-2605 (Ohio Ct. App.) (canine sniff during stop; need suspicion if stop extended for sniff)
State v. Ramos, 2003-Ohio-6535 (Ohio Ct. App.) (requires reasonable suspicion to detain for canine search)
Bowling Green v. Godwin, 110 Ohio St.3d 58 (2006) ( Fourth Amendment/prohibition on fishing expeditions during traffic stops)
Dayton v. Erickson, 76 Ohio St.3d 3 (1996) (car stops and duration; permissible routine checks)
Weeks v. United States, 232 U.S. 383 (1914) (exclusionary rule; suppression as a remedy for unlawful searches)
Mapp v. Ohio, 367 U.S. 643 (1961) (exclusionary rule applies to the states)
State v. Hodge, 147 Ohio App.3d 550 (2002) (exclusionary rule and suppression standards in Ohio)