2011 Ohio 5155
Ohio Ct. App.2011Background
- Hall was arrested after four packets of marijuana were found in the center console of her vehicle during a traffic-stop search.
- Police were dispatched after a dispute report and a third-party tip describing Hall and her white Chevy Impala.
- Officers handcuffed Hall during their investigation and conducted a pat-down that yielded cash and a small amount of marijuana from her pockets.
- Hall consented to a vehicle search, which led to the discovery of the four marijuana packets in the console.
- Hall was indicted for trafficking marijuana and possessing criminal tools; she moved to suppress the evidence as unlawfully obtained.
- The trial court partially granted the motion to suppress, suppressing the pocket marijuana and Hall’s arrest, while allowing the vehicle-search evidence to stand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the pocket-search under Terry valid and were the items seized admissible? | State argues the frisk/search was lawful and yielded admissible evidence. | Hall contends the pocket search was illegal and the products of an unlawful arrest should be suppressed. | The pocket search was unlawful; suppressed. |
| Did the search incident to arrest or the surveillance justify trafficking evidence as admissible? | State asserts lawful arrest supported by probable cause and proper search | Hall argues arrest lacked justified probable cause once pocket-search evidence is excluded | Arrest based on possession evidence improper; suppressed. |
| Was there valid voluntary consent to search the vehicle? | State maintained consent to search the Impala was given and valid. | Hall did not dispute the vehicle search consent, but challenges the fruits of the broader search. | Vehicle search valid based on consent; not reversed on appeal. |
| Can East Cleveland’s marijuana possession ordinance support a custodial arrest under state or constitutional limits? | State argues ordinance aligns with minor misdemeanor possession and supports arrest. | Hall asserts custodial arrest for a minor misdemeanor violates Ohio Constitution absent exceptions. | Custodial arrest for minor misdemeanor violates Ohio Constitution; suppress. |
| Whether the evidence from the vehicle search can be upheld independent of the invalid pocket-search/arrest? | State contends the console marijuana was discovered during a valid vehicle search following arrest. | Hall argues the admitted evidence traces to an unlawful arrest and suppression remains warranted. | Suppression affirmed for the pocket-search/ arrest; vehicle-search evidence limited but ultimately not upheld as sole basis for trafficking. |
Key Cases Cited
- Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (mixed review standard for suppressions; appellate deference to facts)
- Katz v. United States, 389 U.S. 347 (1967) (reasonable expectation of privacy; warrantless searches limited)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable and articulable suspicion allows brief seizures and terry frisk)
- State v. Evans, 67 Ohio St.3d 405 (1993-Ohio-414) (scope of protective frisk must be limited to determining if armed)
- Dickerson v. United States, 508 U.S. 366 (1993) (plain feel doctrine; immediate apparent identity of contraband)
- Atwater v. Lago Vista, 532 U.S. 318 (2001) (constitutional constraints on custodial arrests for minor offenses)
- State v. Melvin, 8th Dist. No. 88611, 2007-Ohio-3779 (2007) (R.C. 2935.26 exceptions; arrest for minor misdemeanor requires citation)
- U.S. v. Watson, 423 U.S. 411 (1976) (arrest for minor offenses; exceptions limit warrantless custodial arrest)