State v. Grisham
2014 Ohio 3558
Ohio Ct. App.2014Background
- Kings Island security flagged Grisham for inappropriate contact with a 2½-year-old child in July 2013.
- Grisham was identified, stopped, and brought to the Kings Island security office for questioning.
- Detective Hoelke advised Miranda rights; Grisham waived and spoke for about 2 hours 20 minutes.
- During interview, Grisham admitted firearms in his truck and discussed past incidents with children; he admitted to recording children with sunglasses cameras.
- Police seized a loaded shotgun, two loaded pistols, Vicodin without a prescription, and later obtained a warrant to search the truck further; no child pornography was found on initial seizure.
- Grisham was charged with having weapons under disability and possession of drugs, pled no contest, and was sentenced to three years and nine months concurrent.
- Motion to suppress the statements and seized items was denied; Grisham appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial stop and detention supported by reasonable suspicion? | Grisham argues the stop was invalid and the investigation unlawful. | Grisham asserts no reasonable suspicion to prolong detention. | Yes; stop and investigation were proper under Terry/Robinette. |
| Was the arraignment error plain error affecting guilt? | Grisham contends he was incorrectly arraigned as drug paraphernalia. | Record shows plea to possession of drugs; no prejudice shown. | No plain error; indictment and plea consistent. |
| Was the sentencing within statutory limits and properly reasoned? | Grisham challenges maximum three-year sentence as improper. | Court considered factors and within ranges; not clearly against law. | Not contrary to law; within statutory range and properly reasoned. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. (1968)) (upholding brief detention with reasonable suspicion)
- Robinette, 80 Ohio St.3d 234 (1997) (reasonable suspicion governs initial stop; duration limited)
- Bobo, 37 Ohio St.3d 177 (1988) (standard for reasonable suspicion)
- State v. Cochran, 2007-Ohio-3353 (12th Dist. Preble (Ohio 2007)) (mixed question of law/fact on suppression)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause for warrantless arrest)
- State v. Aslinger, 2012-Ohio-5436 (12th Dist. Preble (Ohio 2012)) (probable cause to arrest without a warrant)
- State v. Oglesby, 2005-Ohio-6556 (12th Dist. Clinton (Ohio 2005)) (totality of the circumstances to assess probable cause)