State v. Gill
2014 Ohio 4309
Ohio Ct. App.2014Background
- Police were alerted to Lauren McCaleb, a mall thief with outstanding warrants, inside a local mall and then exiting to a blue getaway vehicle.
- Deputy Schupska and a partner pursued McCaleb; another officer inside the mall reported McCaleb was armed, prompting the deputy to stop the blue car in the K-Mart parking lot.
- McCaleb was detained and removed from the blue vehicle; the deputy questioned the occupants, and the male occupant, Gill, produced a driver’s license.
- Gill admitted he had a firearm in the right front pocket during questioning, and the deputy immediately searched him, locating a loaded firearm.
- Gill was charged with weapon offenses; he moved to suppress the firearm arguing the search was illegal; the suppression hearing and municipal proceedings followed, culminating in a suppression denial and a plea to carrying a concealed weapon.
- Gill was sentenced to 18 months in prison after a no-contest plea; the court affirmed the suppression ruling on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the firearm seizure permissible under the Fourth Amendment? | Gill argued the deputy intended a full search, lacking probable cause or warrant. | State contended the stop was an investigatory Terry stop with a protective frisk, supported by reasonable suspicion. | Yes; search upheld as valid investigatory stop with frisk |
| Did the deputy have reasonable suspicion to stop Gill? | Gill contends there were no objective facts showing criminal activity or danger. | State cites McCaleb’s warrants, prior thefts, and get-away vehicle as supporting suspicion Gill aided in theft or avoidance. | Yes; totality of circumstances supported reasonable suspicion to detain and frisk |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court (1968)) (stops allowed with reasonable suspicion; frisk for weapons)
- Mays v. State, 119 Ohio St.3d 406 (2008) (reasonable suspicion standard for investigative stops)
- Andrews v. State, 57 Ohio St.3d 86 (1991) (objective standard for Terry stops; totality of circumstances)
- Wickliffe v. Hancock, 2009-Ohio-4257 (11th Dist. Lake No. 2008-L-174) (limited protective search for concealed weapons during investigatory stop)
- State v. King, 2004-Ohio-2598 (11th Dist. Ashtabula No. 2003-A-0018) (investigatory stop authority; frisk permissible if armed threat suspected)
- State v. Evans, Ohio St.3d 405 (1993) (police questioning during stop without Miranda rights; permissible for weapons inquiry)