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2014 Ohio 1470
Ohio Ct. App.
2014
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Background

  • In November 2010, a loud explosion near a fraternity at 850 Pennsylvania Ave led to discovery of an apparent explosive device and involvement of the Bomb Squad.
  • Officers learned Fasline, resident of 825 Pennsylvania Ave, might be linked to the device and that his family runs a fireworks business.
  • On December 1, 2010, police attempted a knock-and-talk at Fasline’s residence but Fasline drove away, prompting a vehicle stop during which he consented to a search of his car and later his home.
  • A car search yielded a legal firework; Fasline then agreed to search his residence, producing tubes, powder residues, and a spatula-like tool consistent with explosive handling.
  • Fasline was charged with several offenses related to explosives and fireworks; he moved to suppress the evidence obtained, and the trial court granted suppression.
  • The State appealed, and the appellate court affirmed the suppression ruling, holding Fasline’s consent to search the residence was coerced and not voluntary.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the traffic stop violated the Fourth Amendment. State argues stop based on reckless driving was valid. Fasline contends stop lacked proper justification beyond probing for consent. Stop not unconstitutional; valid as a traffic stop.
Whether Fasline's consent to search the residence was voluntary. Consent was voluntary and properly obtained. Consent was the product of coercion during a fishing expedition. Consent to search the residence was not voluntary; suppression affirmed.
If consent was not voluntary, whether exigent circumstances justified warrantless entry. Exigent circumstances existed due to potential danger from the device. Emergency rationale supported warrantless search. Exigency not proven; no valid exception; search suppression upheld.

Key Cases Cited

  • Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (voluntariness of consent assessed under totality of circumstances)
  • Payton v. New York, 445 U.S. 573 (1980) (home entry protections; warrant requirements)
  • Terry v. Ohio, 392 U.S. 1 (1968) (stop-and-frisk framework; reasonable suspicion; home entry concerns)
  • United States v. Hensley, 469 U.S. 221 (1985) (traffic stops and reasonable search/seizure standards)
  • Dayton v. Erickson, 76 Ohio St.3d 3 (1996) (analysis of Fourth Amendment reasonableness; credibility of testimony)
  • State v. Kessler, 53 Ohio St.2d 204 (1978) (burden on state to show warrantless search exception; reasonableness standards)
  • Maumee v. Weisner, 87 Ohio St.3d 295 (1999) (exigent circumstances; emergency and emergency-aid exceptions to warrantless searches)
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Case Details

Case Name: State v. Fasline
Court Name: Ohio Court of Appeals
Date Published: Mar 31, 2014
Citations: 2014 Ohio 1470; 12 MA 221
Docket Number: 12 MA 221
Court Abbreviation: Ohio Ct. App.
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    State v. Fasline, 2014 Ohio 1470