2013 Ohio 2064
Ohio Ct. App.2013Background
- October 8, 2011, stop for speeding; padded case fell from glove box; case opened revealed a glass pipe with marijuana residue; drugs, money, and pills found on appellant after search; Miranda rights given; appellant transported to station.
- February 24, 2012, grand jury indicted Furniss on aggravated trafficking and aggravated possession of drugs.
- March 28, 2012, Furniss moved to suppress; May 14, 2012 suppression hearing; July 3, 2012 order: custodial statements at scene suppressed; other aspects denied.
- July 10, 2012, Furniss pled no contest to trafficking; remaining count dismissed; July 18, 2012, judgment: 14 months’ imprisonment.
- Appeal challenged suppression ruling; a single assignment of error; panel affirmed the trial court’s rulings on suppression; Hoffman, J., wrote separately to address the padded-case search exception.
- Judgment affirmed as to the sole assignment of error; dissenting concurrence by Hoffman, J. regarding exigent-circumstances exception to the padded-case search
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied the suppression motion | Furniss argues illegal search and custodial coercion | State contends search and statements were admissible; consent and attenuated taint | Denied; suppression ruling affirmed |
Key Cases Cited
- State v. Halczyszak, 25 Ohio St.3d 301 (1986) (plain view/recognition of probable cause by experience)
- Ornelas v. U.S., 116 S. Ct. 1657 (1996) (review of reasonable suspicion and probable cause de novo)
- Missouri v. Seibert, 542 U.S. 600 (2004) (two-stage statements; attenuation analysis factors)
- State v. Curry, 95 Ohio App.3d 93 (1994) (independent determination of legal standard on suppressions)
- State v. Claytor, 85 Ohio App.3d 623 (1993) (application of suppressions standards)
- State v. Williams, 86 Ohio App.3d 37 (1993) (test for applying appropriate law to findings of fact)
- State v. Fanning, 1 Ohio St.3d 19 (1982) (weight of evidence standard for factual findings)
- Klein, 73 Ohio App.3d 485 (1991) (standard of review for suppression rulings)
- Guysinger, 86 Ohio App.3d 592 (1993) (framework for suppression review)