State v. Johnson
2014 Ohio 2815
Ohio Ct. App.2014Background
- May 6, 2012, Johnson was stopped for an illegal U-turn and curb strike on State Route 741 near Moraine/West Carrollton; stop initiated by Sgt. Keegan in Moraine proper jurisdiction.
- Two closed handgun ammunition boxes and firearms were in Johnson’s back seat area; Johnson admitted multiple handguns and lack of a CCW permit.
- After backup arrived, officers disarmed Johnson, handcuffed him, and arrested him for carrying concealed weapons.
- A search of the vehicle yielded additional knives and firearms; Johnson waived Miranda rights and admitted the weapons were loaded.
- Johnson was indicted on multiple counts; the trial court denied suppression and later, in a bench trial, convicted four counts of carrying a concealed weapon and four counts of improperly handling firearms in a motor vehicle, with a fifth count dismissed; Johnson was sentenced to community control sanctions for up to five years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RC 2923.12(A) is void for vagueness. | State argues ‘ready at hand’ is understandable and enforceable. | Johnson contends ‘ready at hand’ is unconstitutionally vague and infringes the Second Amendment. | Not void for vagueness; statute upheld. |
| Whether RC 2923.12 and RC 2923.16 conflict. | State contends the two statutes are compatible and not allied offenses. | Johnson argues the statutes are in conflict, making conviction improper. | Not in conflict; offenses not allied and can be charged together. |
| Whether the stop/arrest violated extraterritorial arrest restrictions (R.C. 2935.03(D)). | State asserts stop was lawful and any territorial issue was administrative, not constitutional. | Johnson claims extraterritorial stop/arrest violated statute and Fourth Amendment. | Extrapatroial statute violation is administrative; evidence admissible absent constitutional violation. |
Key Cases Cited
- State v. Davis, 115 Ohio St.3d 360 (2007-Ohio-5025) (definition of ‘ready at hand’ and vagueness review)
- Klein v. Leis, 99 Ohio St.3d 537 (2003-Ohio-4779) (upholds reasonable standard for vagueness challenges; no right to concealed weapons)
- Henderson, State v. Henderson, 2d Dist. Montgomery No. 22831 (2009-Ohio-4122) (extraterritorial arrest limitations are administrative; do not invoke suppression)
- Wiedeman, State v. Wiedeman, 94 Ohio St.3d 501 (2002-Ohio-1484) (extraterritoriality and stop/arrest considerations; suppression not automatic for statutory violation)
- Fitzpatrick, State v. Fitzpatrick, 152 Ohio App.3d 122 (2003-Ohio-1405) (distinguishes administrative vs constitutional violations; limits on extraterritorial stops)
- Coppock, State v. Coppock, 103 Ohio App.3d 405 (1995-Ohio-0) (non-constitutional consequences of territorial stop; evidence admissible)