State v. Kleintop
2021 Ohio 3584
| Ohio Ct. App. | 2021Background
- On Feb. 15, 2019 at ~3:00 a.m., Officer Patrick Myers observed activity in the lighted 24‑hour Walmart parking lot and ran a vehicle plate through police records.
- The agency record noted several non‑owners (including Kleintop) drove the vehicle; Kleintop appeared in the system as a suspended driver with an outstanding misdemeanor warrant and had a BMV photo on file.
- Officer Myers observed a person he believed to be Kleintop exit Walmart with another person, get into the driver’s seat, and drive through the lot; he used binoculars and testified it was not raining at that moment.
- Officer Myers stopped the vehicle in the parking lot, called out Kleintop’s name, and the driver answered; both occupants consented to searches.
- A baggie containing methamphetamine was found on the driver’s side floorboard; Kleintop was arrested, moved to suppress the stop, lost the suppression motion, pleaded no contest, and appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officer had reasonable suspicion to stop the vehicle | State: Officer had articulable reasonable suspicion — records showed Kleintop as a known driver and suspended, officer had photo and observed the person enter the driver’s seat and answer to his name | Kleintop: Identification was unreliable given distance, weather, multiple possible drivers, and two people approaching the vehicle | Court affirmed denial of suppression: totality of circumstances supported reasonable suspicion to stop the vehicle |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003) (trial court resolves factual issues; appellate review is mixed law-and-fact)
- State v. Mills, 62 Ohio St.3d 357 (1992) (trial court credibility findings entitled to deference)
- State v. McNamara, 124 Ohio App.3d 706 (1997) (appellate court independently reviews whether facts meet legal standard)
- Whren v. United States, 517 U.S. 806 (1996) (traffic stop is a seizure under the Fourth Amendment)
- Dayton v. Erickson, 76 Ohio St.3d 3 (1996) (stop is valid where officer has articulable reasonable suspicion or probable cause for any criminal violation)
- State v. Hawkins, 158 Ohio St.3d 94 (2019) (reasonable‑suspicion inquiry uses the totality of circumstances and allows officer expertise to inform inferences)