2014 Ohio 1470
Ohio Ct. App.2014Background
- 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)
