State v. Fisk
2021 Ohio 2989
Ohio Ct. App.2021Background
- December 28, 2019: Deputy Laycox observed Steven Fisk riding a bicycle on U.S. Route 35 at night; the bike lacked a rear red reflector/red lamp but had a blue spoke light.
- Laycox activated his cruiser lights and stopped Fisk; Laycox briefly (and mistakenly) thought Fisk was a different person wanted on a warrant but discovered Fisk’s identity after requesting ID.
- Laycox asked to search Fisk for weapons; Fisk consented. During a pat-down, Laycox felt a tube and a syringe in Fisk’s right pocket and believed the tube was used to carry contraband.
- Dispatch initially reported a warrant (then corrected the error). Laycox asked Fisk to produce the items; Fisk refused, backed away, then ran into a cornfield and was tackled and restrained by officers.
- The items were gone from Fisk’s pockets; officers searched the area and recovered a tube containing methamphetamine where Fisk fled. Fisk was indicted for aggravated possession, obstructing official business, and paraphernalia.
- The trial court denied Fisk’s suppression motion, finding the stop lawful for a traffic violation, the pat-down lawful by consent, and the seizure justified under the plain-feel doctrine. Fisk pled no contest to two counts and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of stop | Fisk: stop unlawful—no reasonable, articulable suspicion; stop premised on mistaken identity. | State: stop lawful—Laycox observed a bicycle equipment violation (no rear reflector/red light) giving probable cause to stop. | Stop lawful: lack of rear red reflector/red lamp constituted a traffic infraction giving authority to stop. |
| Lawfulness of pat-down search | Fisk: pat-down unlawful—officer lacked reasonable belief Fisk was armed/dangerous, so Terry frisk invalid. | State: search lawful—Fisk consented to the pat-down; items felt could be seized under the plain-feel doctrine. | Search lawful: consent was voluntary; plain-feel permitted seizure of apparent contraband. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (traffic stop valid despite officer's ulterior motive)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (Terry stop and limited frisk for weapons)
- Minnesota v. Dickerson, 508 U.S. 366 (U.S. 1993) (plain-feel doctrine: seizure if contraband identity is immediately apparent)
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. 1973) (consent searches assessed under the totality of the circumstances)
- Florida v. Royer, 460 U.S. 491 (U.S. 1983) (consent must be voluntary)
- Dayton v. Erickson, 76 Ohio St.3d 3 (Ohio 1996) (minor traffic violation supplies probable cause for stop)
- State v. Robinette, 80 Ohio St.3d 234 (Ohio 1997) (harmonize Ohio Section 14 with the Fourth Amendment)
- State v. Brown, 99 Ohio St.3d 323 (Ohio 2003) (Ohio Constitution can, in some contexts, afford greater protection than the Fourth Amendment)