2021 Ohio 1551
Ohio Ct. App.2021Background
- Andrew S. Kendall was indicted on multiple drug-related charges arising from three encounters: March 15, 2019 (found asleep in a Chevy Lumina; meth found in a coat pocket), March 25, 2019 (same vehicle; ~44 grams meth and drug paraphernalia found in a backpack during an inventory), and May 3, 2019 (arrest and intake at detention center; ~0.24 g meth found in back pocket and $835 in cash seized).
- Trial court denied Kendall’s suppression motions for the March 15 and March 25 encounters; searches were upheld under the automobile exception and inventory-search doctrine, respectively.
- A jury convicted Kendall of three counts of aggravated possession, one count of aggravated trafficking, and one count of illegal conveyance onto detention-facility grounds; the court ordered forfeiture of $835.
- Sentencing: aggregated consecutive prison terms totaling 11 to 14.5 years (seven years mandatory). Court found consecutive terms necessary given criminal history and other statutory factors.
- Kendall appealed raising six assignments of error: suppression rulings, sufficiency/manifest weight, merger (double jeopardy), forfeiture, consecutive sentences, and costs/appointed counsel fees.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Kendall) | Held |
|---|---|---|---|
| Validity of March 15 stop/search | Initial welfare check lawful; facts (suspended license, marijuana odor/plant matter, tweezers, owner uncertainty, and plain-view burnt roach) gave reasonable suspicion and probable cause for vehicle search under automobile exception | Detention exceeded caretaking scope once Kendall appeared sober; subsequent consent invalid and search lacked probable cause | Denied suppression: continued detention reasonable; plain-view roach and other facts gave probable cause for automobile search |
| March 25 stop and inventory search | Officer had reasonable suspicion (recently known suspended license and evasive conduct); vehicle abandoned when driver fled and lawfully impounded; inventory search per policy valid | Officer failed to verify license remained suspended; vehicle could have been left or retrieved by owner — impound unnecessary | Denied suppression: stop reasonable; vehicle lawfully impounded after abandonment; inventory search valid |
| Sufficiency of aggravated-trafficking conviction | Scales, baggies, packaging, ~44 g meth, texts discussing sales, and cash layout support preparing for distribution | No direct proof Kendall prepared drugs for sale or personally used the scales to package | Conviction affirmed: evidence sufficient when viewed in prosecution’s favor |
| Manifest weight of illegal-conveyance conviction | Possession plus failure to disclose at intake supports knowing conveyance into detention facility | Kendall may have forgotten drugs in his pocket; no proof he knowingly conveyed | Conviction not against manifest weight: jury reasonably rejected forgotten-drug claim |
| Merger of possession and conveyance (double jeopardy) | Conveyance into detention was a separate act and motivation (to conceal) from outside possession, so offenses do not merge | Same conduct/animus—should merge | No merger: offenses committed separately and with separate animus; convictions may stand independently |
| Forfeiture of $835 | Cash bundled into $100 increments is instrumentality of trafficking and aided commission/facilitation | Cash came from sale of a camper (innocent source) | Forfeiture affirmed: factfinder had competent, credible evidence to find instrumentality |
| Consecutive sentences | Consecutive terms needed to protect public and punish; not disproportionate given criminal history and repeated offending | Non-violent drug offenses do not justify consecutive sentences; no showing of public danger | Consecutive sentences upheld: court’s R.C. 2929.14(C)(4) findings supported by record |
| Costs and appointed-counsel fees | Costs of prosecution mandatory; appointed-counsel costs may be imposed if ability to pay | Court imposed appointed-counsel costs and supervision/confinement costs without making/findings on ability to pay; some costs only appeared in judgment entry | Mixed: appellate court vacated supervision/confinement costs and appointed-counsel costs (no ability-to-pay finding); costs of prosecution affirmed as mandatory |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes reasonable, articulable suspicion standard for investigative stops)
- Navarette v. California, 572 U.S. 393 (2014) (totality-of-circumstances approach to reasonable suspicion)
- Whren v. United States, 517 U.S. 806 (1996) (officer’s subjective intent irrelevant to probable-cause analysis)
- Chambers v. Maroney, 399 U.S. 42 (1970) (automobile-exception authority distinct from search-incident-to-arrest)
- South Dakota v. Opperman, 428 U.S. 364 (1976) (validity of inventory searches of impounded vehicles)
- Atwater v. City of Lago Vista, 532 U.S. 318 (2001) (probable cause for minor offense may justify arrest under Fourth Amendment)
- State v. Burnside, 100 Ohio St.3d 152 (2003) (appellate review standard for suppression rulings: factual findings afforded deference)
- State v. Jones, 88 Ohio St.3d 430 (2000) (Ohio Supreme Court on warrantless arrest for minor misdemeanors under Ohio Constitution)
- State v. Brown, 99 Ohio St.3d 323 (2003) (Ohio Supreme Court clarifying Jones in light of Atwater)
- State v. Brown, 143 Ohio St.3d 444 (2015) (Article I, Section 14 analysis concerning officer authority and arrests)
- State v. Robinette, 80 Ohio St.3d 234 (1997) (officer may detain for further investigation if reasonable suspicion developed during encounter)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review)
- State v. Moore, 90 Ohio St.3d 47 (2000) (probable cause from odor of marijuana supports vehicle search)
- State v. Ruff, 143 Ohio St.3d 114 (2015) (R.C. 2941.25 allied-offenses/merger framework)
- State v. Leak, 145 Ohio St.3d 165 (2016) (inventory-search reasonableness and community-caretaking role)