State v. Hall
2016 Ohio 3273
Ohio Ct. App.2016Background
- On April 28, 2014 Dayton officers observed a white Chrysler with windows so dark they could not see inside; they approached the vehicle while it was parked.
- Officer Drumm used a tint meter, opening the driver door and rolling the window down slightly; when he did, he detected a strong odor of burnt marijuana.
- Hall did not have his license on him; officers asked him to sit in a cruiser while they checked his ID; an altercation occurred and officers decided to arrest Hall for driving with a suspended license and assault on an officer.
- Officers conducted an inventory search of the vehicle before towing pursuant to department policy and found marijuana in the console and a loaded handgun under the driver’s seat.
- Hall was indicted for carrying a concealed weapon and having weapons while under disability; he moved to suppress evidence as the product of an unlawful stop/search, the trial court denied suppression, and Hall pleaded no contest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable, articulable suspicion to investigate/stop for a tint violation | Officers observed windows so dark they could not see inside; that fact alone gave reasonable suspicion to investigate | Hall argued officers lacked requisite training/experience and thus had no reasonable suspicion to justify the stop | Court held the officers’ observation of totally dark windows provided reasonable, articulable suspicion for investigation and a lawful basis to proceed |
| Whether subsequent search and seizure were unlawful | State: after tint observation officers learned Hall lacked license on person and smelled marijuana; these facts gave probable cause for search; inventory tow policy further authorized search | Hall challenged the legality of the encounter/stop (not the search bases on appeal) and contended lack of officer expertise on tint violations | Court concluded additional events (no license, odor of marijuana) supplied probable cause; inventory search under tow policy lawful |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishing standard for stops based on reasonable, articulable suspicion)
- Illinois v. Wardlow, 528 U.S. 119 (reasonable suspicion is a lesser standard than probable cause)
- State v. Mays, 119 Ohio St.3d 406, 894 N.E.2d 1204 (traffic violations, including tint violations, can justify a stop even if pretextual)
- State v. Andrews, 57 Ohio St.3d 86, 565 N.E.2d 1271 (courts assess reasonable suspicion by viewing totality of circumstances through officer’s perspective)