State v. Favors
2012 Ohio 3596
Ohio Ct. App.2012Background
- Favors, the sole occupant, was stopped for traffic violations; he lacked a valid license and had two warrants for his arrest.
- The officer towed Favors’ car under Dayton Police Department tow policy because the driver was arrested and no owner present to take custody; vehicle impoundment occurred.
- An inventory search of the towed vehicle led to discovery of crack cocaine in the center console.
- Favors challenged the search as unlawful; the trial court overruled the suppression motion, and the case proceeded to trial.
- A forensic chemist testified to the cocaine; the jury found Favors guilty of Possession of Crack Cocaine (<1 gram); he was sentenced to community control and license suspension.
- The appellate court affirmed, holding the search reasonable under the tow policy and the evidence sufficient not to be against the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the inventory search of the towed vehicle was lawful | Favors argues it violated Fourth Amendment protections | State contends inventory search allowed under policy | Yes; search permissible under the tow policy and Hathman standard |
| Whether the tow and impoundment were reasonable under the policy | Favors contends policy misapplied, undermining detention | Officer acted within standardized tow policy due to arrest and lack of owner | Yes; tow was reasonable under the standardized policy |
| Whether the evidence is sufficient to sustain conviction | Evidence supports possession; cocaine in console links to Favors | Evidence insufficient or weight improperly weighed | Sufficient evidence; not against the manifest weight of the evidence |
Key Cases Cited
- State v. Myrick, 2006-Ohio-580 (2d Dist. Montgomery No. 21287, 2006-Ohio-580) (standardized tow policy required to justify impoundment)
- State v. Hathman, 65 Ohio St.3d 403 (1992-Ohio-63) (inventory search may open containers only under a policy governing opening)
- State v. Burnside, 2003-Ohio-5372 (100 Ohio St.3d 152) (appellate review limited to suppression hearing record)
- State v. Lemmons, 2011-Ohio-3322 (5th Dist. Delaware No. 10-CA-48) (cited for limits on using trial facts in suppression review)
- State v. Taylor, 683 N.E.2d 367 (1996-Ohio-) (impoundment rationale when vehicle obstructs or owner cannot be reached)