State v. Lentine
2017 Ohio 7356
| Ohio Ct. App. | 2017Background
- Officer Gibbons, a Montville Township officer, was part of Medina County Crime Patrol Task Force patrolling state highways.
- He stopped a vehicle on the interstate for lane- and impediment-related violations.
- Gibbons testified as a reserve deputy; he carried Montville uniform/vehicle during the stop.
- A drug-sniffing dog was deployed around the vehicle during the stop; drugs were detected and cocaine was found.
- Lentine, a passenger, admitted the cocaine belonged to her; she moved to suppress evidence as fruits of an unlawful stop.
- The trial court denied suppression; Lentine appealed asserting three errors; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to conduct interstate stop | Lentine argues Gibbons lacked legal authority | Gibbons had authority as a sheriff’s deputy under statute | Authority established; assignment overruled |
| Reasonable suspicion for the stop | Stop lacked reasonable suspicion, as it extended for dog sniff | Stop supported by observed violations under Mays | Stop supported by reasonable suspicion; assignment overruled |
| Notice requirements for immigration consequences | Court failed to provide required 2943.031(A) notice | No withdrawal under 2943.031(D) was pursued, review not available on direct appeal | Not reviewable on this appeal; assignment overruled |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (definitive governing standard for suppression review)
- State v. Glenn, 28 Ohio St.3d 451 (1986) (volunteer reserve deputy as peace officer)
- Florida v. Royer, 460 U.S. 491 (1983) (not all seizures require probable cause; reasonable suspicion suffices for traffic stops)
- State v. Mays, 119 Ohio St.3d 406 (2008-Ohio-4539) (reasonable, articulable suspicion for traffic stops)
- State ex rel. White v. Suster, 101 Ohio St.3d 212 (2004-Ohio-719) (plea-notice failure review procedure; exclusive remedies)
- State v. Garmendia, 2d Dist. Montgomery No. 2002-CA-18, 2003-Ohio-3769 (2003-Ohio-3769) (notice deficiencies and relief after improper advisement)