2013 Ohio 4997
Ohio Ct. App.2013Background
- Traffic stop in September 2012; Gordon was a passenger in the vehicle.
- Gordon was indicted on possession of drugs (clonazepam) and aggravated possession of drugs (oxycodone/Percocet).
- Gordon moved to suppress alleging lack of probable cause for arrest and unlawful search incident to arrest.
- suppression hearing held; trial court denied motion; Gordon entered a no-contest plea and was sentenced to two years on community control.
- Officer Wypasek testified Gordon hid a pill bottle, leading to arrest for obstructing official business and potential tampering with evidence.
- Officer later found a pill bottle top and pills on Gordon; the court found probable cause supported the arrest and the search was lawful; appeal dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arrest had probable cause. | Gordon argues no probable cause to arrest. | State contends facts supported probable cause to arrest for an offense. | Probable cause existed; arrest valid. |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause governs warrantless arrests; officer belief need not match charged offense)
- Devenpeck v. Alford, 543 U.S. 146 (2004) (arrest valid if facts support probable cause for any offense)
- Dixon v. Maxwell, 177 Ohio St. 20 (1964) (officer’s state of mind irrelevant to existence of probable cause)
- Finney, 2003-Ohio-529 (2003) (probable cause analysis for warrantless arrest; search incident valid if arrest lawful)
- State v. Ware, 2004-Ohio-4281 (2004) (objective view of facts supports probable cause)
- State v. Skorvanek, 182 Ohio App.3d 615 (2009-Ohio-1709) (tampering with evidence can be found even if not directly related to police purpose)