State v. Jackson
2018 Ohio 19
| Ohio Ct. App. | 2018Background
- Andrew Jackson III was stopped on I-76 after officers observed speeding and swerving; a prior tip to police reported he might be transporting narcotics.
- Two state highway patrol sergeants (Laughlin and Trader) observed traffic violations; Trader conducted the stop, detained Jackson, and a K-9 alerted leading to a search that yielded marijuana, a scale, and a loaded gun.
- Jackson was indicted on weapons and marijuana-related charges, moved to suppress evidence and orally moved to dismiss after learning of the tip and that dash-cam footage was unavailable.
- Trial court denied the suppression motion; Jackson pled guilty pursuant to a negotiated plea, merged weapon counts, and received one year on weapon-under-disability; two minor misdemeanor fines were waived.
- On appeal Jackson challenged (1) the validity of the stop/search (Fourth Amendment) and (2) failure to preserve dash-cam recordings (due-process/dismissal). The State moved to dismiss the appeal arguing lack of finality because the trial court waived misdemeanor fines without first imposing them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Finality of judgment when trial court waives minor-misdemeanor fines without first imposing them | State: waiver without first imposing fines leaves no sentence on those counts; judgment not final, appeal should be dismissed | Jackson: court resolved counts by waiving fines; judgment is final | Court: waiver constitutes resolution (fine effectively $0); prior contrary Ninth Dist. cases overruled; appeal not dismissed |
| Validity of traffic stop (reasonable suspicion/probable cause) | Jackson: stop was pretextual based on drug tip; officers lacked lawful basis; dash-cam absent so traffic violations unproven | State: officers observed speeding and unsafe lane change; objective traffic violations provided probable cause regardless of tip | Court: accepted trial court credibility findings; officers observed speeding and swerving; stop lawful; suppression denial affirmed |
| Suppression of evidence from warrantless search | Jackson: search and seizure invalid due to unlawful stop and missing dash-cam evidence | State: stop was lawful; evidence seized after canine alert and search was lawful | Court: because stop was lawful and factual findings credible, suppression denial stands |
| Dismissal for failure to preserve dash-cam (due process/bad faith) | Jackson: missing dash-cams were critical and materially exculpatory; State acted in bad faith by not preserving recordings | State: recordings would be at best "potentially useful," not materially exculpatory; loss was negligent or accidental, not bad faith | Court: recordings were potentially useful (not materially exculpatory); Jackson failed to prove State bad faith; dismissal denied |
Key Cases Cited
- Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (Terry standard: stop requires specific and articulable facts)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (established stop-and-frisk reasonable suspicion standard)
- Bobo v. State, 37 Ohio St.3d 177 (Ohio 1988) (totality of circumstances viewed through reasonable officer lens)
- Dayton v. Erickson, 76 Ohio St.3d 3 (Ohio 1996) (traffic stop valid if officer has reasonable suspicion or probable cause for any violation)
- Burnside v. Shaker Heights, 100 Ohio St.3d 152 (Ohio 2003) (standard of review for suppression: trial court factual findings afforded deference)
- Lester v. State, 130 Ohio St.3d 303 (Ohio 2011) (requirements for final, appealable judgment)
- Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216 (Ohio 2003) (declining to follow precedent that is unworkable)
- State v. Geeslin, 116 Ohio St.3d 252 (Ohio 2007) (due-process framework for lost/destroyed evidence: distinguishes materially exculpatory vs. potentially useful; bad faith required for potentially useful evidence)
- State v. Powell, 132 Ohio St.3d 233 (Ohio 2012) (definition of bad faith requires more than negligence)