State v. Lee
2019 Ohio 3904
Ohio Ct. App.2019Background
- Detective Dillon, in a marked cruiser at Westland Mall, observed Dumah Lee yelling aggressively at a female companion and wearing a black backpack.
- Dillon told Lee to step away; Lee ignored the command and either pulled away when Dillon grabbed his arm or otherwise resisted, prompting Dillon and Chief Smith to secure Lee against the cruiser hood and place him in handcuffs.
- While Lee was being secured, he told officers he had a firearm in his backpack; Dillon conducted a pat-down/search and then searched the backpack, discovering a loaded 9mm handgun, a ski mask, and marijuana.
- Lee moved to suppress the firearm as fruit of an unlawful arrest; the trial court denied suppression.
- Lee pled no contest to carrying a concealed weapon, received community control, and appealed, arguing the arrest lacked probable cause and the evidence should have been suppressed.
- The appellate court affirmed, holding officers had probable cause to arrest Lee for obstructing official business and the subsequent search was a valid search incident to arrest.
Issues
| Issue | State's Argument | Lee's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to arrest Lee (so search of backpack was a lawful search incident to arrest) | Facts (refusal to obey order, physical resistance, interference with investigation) gave probable cause to arrest for obstructing official business; search incident to arrest therefore lawful | Arrest lacked probable cause; search and firearm were fruit of unlawful arrest and should be suppressed | Court held officers had probable cause to arrest for obstructing official business when they secured and handcuffed Lee; search incident to that lawful arrest was constitutional and evidence was admissible |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003) (appellate review of suppression: accept trial-court factual findings, review legal conclusions de novo)
- State v. Leak, 145 Ohio St.3d 165 (2016) (warrantless searches presumptively unreasonable; search-incident-to-arrest exception discussed)
- Arizona v. Gant, 556 U.S. 332 (2009) (limits and rationale for searches incident to arrest)
- United States v. Robinson, 414 U.S. 218 (1973) (search incident to lawful custodial arrest is reasonable under the Fourth Amendment)
- United States v. Watson, 423 U.S. 411 (1976) (warrantless public-arrest supported by probable cause does not violate the Fourth Amendment)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable-cause test for arrest: facts and circumstances sufficient to warrant prudent belief that offense committed)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause evaluated under totality of the circumstances)
- Terry v. Ohio, 392 U.S. 1 (1968) (stop-and-frisk standard; noted by court but not necessary to decide here)