State v. Harris
2011 Ohio 3190
Ohio Ct. App.2011Background
- Harris was a passenger in a van parked in a dark area outside the XTC bar in Tallmadge on Aug. 15, 2009.
- Officer Cirullo observed the van and Harris as he approached the bar; the van began backing up when Harris departed.
- Cirullo activated lights, halted the van, and asked occupants to sit in the van while he investigated.
- During the pat-down, Cirullo and Jerin noticed a baggy containing cocaine on the ground near the passenger door, later identified as cocaine.
- A pipe with cocaine residue was found between the seat cushions where Harris had been sitting.
- Harris moved to suppress the evidence; the trial court denied suppression, Harris was convicted of possession of cocaine and possession of drug paraphernalia, and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the investigatory stop supported by reasonable suspicion? | Harris | Harris | Stop unlawful; suppression sustained. |
| Was there sufficient evidence to prove possession of cocaine? | Harris | State | Sufficient evidence supports possession of cocaine. |
| Was there sufficient evidence to prove possession of drug paraphernalia? | Harris | State | Sufficient evidence supports possession of drug paraphernalia. |
| Is the weight-of-the-evidence claim moot after disposition of the suppression issue? | Harris | State | Moot; not addressed on the merits. |
Key Cases Cited
- Terry v. Ohio, 385 U.S. 1 (U.S. 1968) (establishes permissible investigatory stops on reasonable suspicion)
- State v. Morton, 2010-Ohio-3582 (9th Dist. 2010) (reasonable suspicion standard for stops; totality of circumstances)
- State v. Bobo, 37 Ohio St.3d 177 (Ohio 1988) (totality of circumstances; high-crime area considerations)
- State v. Forney, 2009-Ohio-2999 (9th Dist. 2009) (constructive possession; proximity and usable form)
- State v. Andrews, 57 Ohio St.3d 86 (Ohio 1991) (deference to officer experience and training in evaluating stops)