State v. Lattimore, 2011 Ohio 2863

On March 7, 2010, officers observed Lattimore violate Cincinnati Municipal Code 506-25 by not using a turn signal and initiated a traffic stop.
During the stop, both Lattimore and his passenger reached toward the floorboards as the officers drew firearms and ordered hands up.
Lattimore reversed, rammed a police cruiser, struck an officer, and fled; he was apprehended about a minute and a half later after crashing and fleeing on foot.
Two firearms were recovered from the vehicle where the defendant and passenger were reaching; the stop and subsequent search led to weapons-related charges.
Lattimore moved to suppress the evidence, the trial court denied the motion, and he was convicted on multiple counts including carrying concealed weapons and felonious assault with firearm specs.
On appeal, Lattimore challenged the suppression ruling and later argued the absence of a presentence investigation report before sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the traffic stop lawful and the subsequent evidence admissible?	Lattimore argues the stop was pretextual and unlawful, making the firearms fruit of the poisonous tree.	Lattimore contends the stop violated Fourth Amendment rights and that the search was invalid as a search incident to arrest.	Stop constitutional; suppression denied.
Was a presentence investigation report required before sentencing?	Crim.R. 32.2 requires a presentence investigation before community control or probation.	Not required when sentencing to prison; waiver if not requested at sentencing.	Not required; error waived; sentencing affirmed.

Dayton v. Erickson, 76 Ohio St.3d 3 (1996-Ohio-431) (traffic stop valid if probable cause exists, regardless of other knowledge)
Xenia v. Wallace, 37 Ohio St.3d 216 (1988) (waiver rule for suppression issues when not raised with particularity)
State v. McKee, 2nd Dist. No. 22565, 2008-Ohio-5464 (Second Dist. 2008) (failure to raise suppression basis forfeits challenge to search)
State v. Sawyer, 2010-Ohio-1990 (1st Dist. No. C-080433) (illustrates forfeiture/waiver principles in suppression challenges)
State v. Toney, 2001-Ohio-1959 (5th Dist. No. 01-CA-004) (procedural requirements for suppression/appeal arguments)