State v. Ferrante, 962 N.E.2d 383

Defendant Ferrante was convicted of possession of heroin (less than one gram), a felony of the fifth degree, after a no-contest plea following denial of a motion to suppress.
Trial court found Deputy Walters lawfully stopped Ferrante for two traffic violations observed: unlawful lane change and following too closely.
During the stop, Ferrante’s nervousness and explanations raised the deputy’s suspicion, leading to a request for consent to search.
Ferrante’s license, registration, and insurance were returned and a traffic citation issued; immediately after, Deputy Walters asked to search the vehicle.
A cigarette pack inside a CD compartment contained heroin, which led to arrest and further proceedings on suppression and appeal.
The appellate court ultimately reversed the suppression ruling and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the detention after completion of the traffic stop was unlawful	Ferrante	Ferrante contends continued detention to obtain consent was unlawful	yes; detention extended beyond stop without articulable suspicion
Whether Ferrante’s consent to search was voluntary under the totality of circumstances	Ferrante	Consent tainted by unlawful detention; not voluntary	yes; consent invalid where detention unlawful

State v. Robinette, 80 Ohio St.3d 234 (1997) (establishes totality-of-the-circumstances approach to consent after unlawful detention; need freedom to leave)
State v. Wilburn, 188 Ohio App.3d 384 (2010) (consent to search valid only if given during lawful processing of a traffic citation; once stop ends, detention ends)
State v. Bobo, 37 Ohio St.3d 177 (1988) (limits on police justified stops; high-crime area cannot substitute for specific criminal conduct)
Royer, 460 U.S. 491 (1983) (requires voluntary consent to be independent of unlawful detention)
Terry v. Ohio, 392 U.S. 1 (1968) (permits brief detention for reasonable suspicion of criminal activity)