State v. Jackson
2021 Ohio 517
Ohio Ct. App.2021Background
- On March 19, 2019 Cincinnati officers stopped Jackie Jackson for a suspected window‑tint violation; officers did not have a tint meter.
- Jackson, the sole occupant, delayed producing ID while using his cell phone; officers ordered him out of the car and the driver door remained open.
- Officers patted Jackson and, while the door was open, another officer looked into the vehicle with a flashlight and observed a marijuana cigarette on the floorboard.
- After seeing the cigarette, officers conducted a warrantless search under the automobile exception and found a handgun in a clothing bin and small amounts of marijuana.
- Jackson pleaded no‑contest to having weapons while under a disability, carrying concealed weapons, and improperly handling a firearm in a vehicle; the trial court denied his motion to suppress.
- On appeal Jackson argued the stop lacked reasonable suspicion, the exit order and pat‑down were unlawful, and the plain‑view/plain‑search justifications failed; the court affirmed the denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of the initial traffic stop | Stop was lawful | Stop lacked reasonable and articulable suspicion | Jackson waived challenge to the stop at the suppression hearing; appellate review barred |
| Order to exit vehicle | Officer may order driver out after a lawful stop (safety) | Mimms/exit order violated Fourth Amendment | Order lawful under Mimms/Evans; no Fourth Amendment violation |
| Pat‑down search of Jackson | Pat‑down justified for officer safety | Pat‑down unconstitutional | Court did not decide because pat‑down produced no evidence and was not part of chain leading to the car search |
| Plain‑view observation and vehicle search | Cigarette was in plain view; seeing it gave probable cause to search vehicle and containers | Cigarette not in plain view because door was left open by officers | Officer was lawfully positioned, cigarette plainly visible, incriminating nature apparent; automobile and container search justified |
Key Cases Cited
- State v. Evans, 67 Ohio St.3d 405 (Ohio 1993) (adopts Mimms principle allowing officer to order driver out after lawful stop)
- Pennsylvania v. Mimms, 434 U.S. 106 (U.S. 1977) (officer may order motorist out of vehicle after lawful stop for safety)
- State v. Williams, 55 Ohio St.2d 82 (Ohio 1978) (plain‑view seizure test: lawful vantage, inadvertence, immediately apparent incriminating nature)
- Wyoming v. Houghton, 526 U.S. 295 (U.S. 1999) (probable cause to search vehicle extends to containers belonging to passengers)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard of review on appellate review of suppression rulings)
- State v. Rogers, 143 Ohio St.3d 385 (Ohio 2015) (definition and effect of waiver)
- State v. Lozada, 92 Ohio St.3d 74 (Ohio 2001) (modifies aspects of Evans but leaves Mimms rule intact)