State v. Jones
2014 Ohio 2763
Ohio Ct. App.2014Background
- Appellant Shigali Jones was indicted for drug trafficking, possession, and possession of criminal tools after officers stopped his vehicle near a planned controlled buy and found ~2 grams of heroin in his sock and cash on his person.
- CMHA police received a tip from an informant who arranged a buy; the informant gave a description of the seller, vehicle, and route for the July 6, 2012 transaction.
- Officers observed a vehicle matching the description, initiated a traffic stop after hearing loud music (a Cleveland ordinance violation), and detected the odor of marijuana.
- A CMHA K-9 alerted to the driver’s door, center console, and floorboard; officers searched the vehicle and then patted down Jones, recovering heroin from his sock.
- Jones moved to suppress evidence arguing the stop, searches, and arrest were unlawful; the trial court denied the motion, Jones pleaded no contest, and appealed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of traffic stop | Officers had reasonable suspicion to stop for loud music ordinance and corroborating informant info | Stop was unsupported because informant was not identified/reliability not independently corroborated | Stop valid: loud-music violation provided reasonable suspicion; informant detail corroborated by location/vehicle/context |
| Use of K-9 and vehicle search | Canines may be used during a lawful detention; a dog alert provides probable cause to search | Canine search/alerts insufficient without greater corroboration | K-9 exterior sniff and subsequent interior alert gave probable cause to search the vehicle |
| Search of person (pat-down and seizure of heroin) | Pat-down for officer safety and plain-feel/exigent-circumstances justified seizure of contraband | Pat-down exceeded scope; seizure unlawful absent warrant | Frisk justified by safety and reasonable suspicion of drug activity; plain-feel and exigent-circumstances justified seizure of heroin |
| Authority to arrest outside CMHA property | CMHA officers were sworn as deputy sheriffs with countywide arrest authority | Arrest outside CMHA exceeded jurisdiction | Arrest and any asserted statutory jurisdictional defect did not implicate constitutional suppression; arrest lawful or defect non-exclusionary |
Key Cases Cited
- State v. Burnside, 797 N.E.2d 71 (Ohio 2003) (standard of appellate review for suppression rulings)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable-suspicion stop and limited frisk doctrine)
- Pennsylvania v. Mimms, 434 U.S. 106 (U.S. 1977) (officer may order driver out after lawful stop)
- Minnesota v. Dickerson, 508 U.S. 366 (U.S. 1993) (plain-feel doctrine for seizure of contraband during a lawful frisk)
- State v. Moore, 734 N.E.2d 804 (Ohio 2000) (odor of marijuana can supply probable cause for warrantless search)