2022 Ohio 4365
Ohio2022Background
- Cincinnati officers stopped Jackie Jackson’s car for suspected illegal window tint; Jackson was verbally uncooperative and did not immediately produce ID.
- The lead officer opened the driver’s door and told Jackson to exit; Jackson exited and officers moved him to the rear of the vehicle while the driver’s door remained open.
- A second officer looked through the open driver’s door, observed a marijuana cigarette on the floorboard, and reported it to the other officers.
- Based on that observation, officers searched the vehicle and found a pistol inside a container of clothing in the back seat.
- Jackson moved to suppress the pistol as fruit of an unlawful search; the trial court denied suppression, he pleaded no contest, and the First District affirmed. The Ohio Supreme Court affirmed denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ordering Jackson out of a lawfully stopped car (and opening the door) was a Fourth Amendment search | Jackson: officer’s opening of the door and ordering him out amounted to a search; no justification to intrude | State: under Mimms/Evans officer may order driver out of a lawfully stopped vehicle; no additional justification required | Court: ordering occupant out is permissible; opening the door to secure driver was not a search |
| Whether the second officer’s act of looking through the open door into the car was a search | Jackson: officer’s peering into the car was an investigative search that violated privacy | State: officer had a right to view the car’s interior through an already-open door; plain-view observation | Court: no trespass occurred and the marijuana was in plain view; the look was not a Fourth Amendment search |
| Whether discovery of the marijuana justified a vehicle search (automobile exception) | Jackson: evidence flowed from unlawful intrusion and should be suppressed | State: observation of contraband gave probable cause to search under automobile exception | Court: observation of marijuana provided probable cause; warrantless search of vehicle lawful |
Key Cases Cited
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (permitting officers to order driver out of a lawfully stopped vehicle)
- United States v. Jones, 565 U.S. 400 (2012) (search occurs under trespass or reasonable-expectation-of-privacy frameworks)
- Katz v. United States, 389 U.S. 347 (1967) (reasonable expectation of privacy test)
- Brigham City v. Stuart, 547 U.S. 398 (2006) (warrant requirement and exceptions to reasonableness under Fourth Amendment)
- Harris v. United States, 390 U.S. 234 (1968) (plain-view seizure doctrine)
- Minnesota v. Dickerson, 508 U.S. 366 (1993) (plain-view/plain-feel limitations)
- Chambers v. Maroney, 399 U.S. 42 (1970) (automobile exception to warrant requirement)
- New York v. Class, 475 U.S. 106 (1986) (opening a car door and moving items to view identifying information can constitute a search)