2010 Ohio 6010
Ohio Ct. App.2010Background
- State v. Hughley involves a suppression appeal from a handgun seized during a police frisk.
- Emergency medics reported the driver appeared passed out and unable to be awakened.
- Officers found the vehicle in drive; defendant was uncooperative and moved his hands during requests.
- A brief pat-down for safety revealed a .38 handgun on defendant's person.
- Defendant challenged the frisk as unsupported by reasonable suspicion; the trial court denied suppression.
- Appellate court affirmed, concluding reasonable suspicion existed under the totality of the circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the frisk was warranted by reasonable suspicion | Hughley | Hughley | Frisk justified by reasonable suspicion |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (allowable brief stop and pat-down for weapons on reasonable suspicion)
- Andrews, 57 Ohio St.3d 86 (1991) (totality-of-the-circumstances standard for reasonable suspicion)
- Otte, 74 Ohio St.3d 555 (1996) (reliance on named informants supports reasonable suspicion)
- Maumee v. Weisner, 87 Ohio St.3d 295 (1999) (informant credibility factors in stop-and-frisk analysis)