State v. Mason
2016 Ohio 7081
| Ohio Ct. App. | 2016Background
- Akron PD investigated Mason and her husband Higgins for drug trafficking based on confidential informant purchases at 321 Glenwood Ave. and social media posts.
- Police stopped a car with Mason and Higgins a few blocks from the house after a lane change violation; no drugs were found at that initial stop.
- Officers transported all occupants to the Glenwood residence; Mason was handcuffed and taken in a police cruiser.
- A supervisor authorized a strip search at the residence; before being searched, Mason told Det. Shoaff she had drugs and produced a bag from her underwear; $241 was found in her bra.
- Mason was indicted on multiple drug and related counts; she moved to suppress the evidence from her person, the motion was denied, she pled no contest after the indictment was amended to match BCI results, and the trial court sentenced her.
- On appeal, this Court affirmed: it declined to review a community-control revocation from a separate case (no jurisdiction), upheld the denial of suppression, and rejected claims related to the plea and factual sufficiency.
Issues
| Issue | State's Argument | Mason's Argument | Held |
|---|---|---|---|
| Whether appellate court may review revocation of community control in separate 2013 case | State: Not before this appeal because notice of appeal did not designate that order | Mason: Trial court illegally revoked her community control without guilt finding | Court: No jurisdiction to review—order not designated in appeal notice; assignment overruled for lack of jurisdiction |
| Whether detention, transport, and strip search violated Fourth Amendment (illegal stop/arrest) | Police: Stop not disputed below; transport to perform strip search was reasonable given informant reports and impracticability of roadside search | Mason: Transport and detention were tantamount to an arrest without probable cause; stop exceeded scope of search-warrant authority | Court: Transport and handcuffing were an investigatory detention, not an arrest; reasonable suspicion existed from informant information and context; issue of traffic stop waived below; suppression denial affirmed |
| Whether strip search violated constitutional or statutory protections (R.C. 2933.32 reliance) | State: Search justified; furthermore Mason voluntarily disclosed and retrieved drugs before any search | Mason: Court relied improperly on strip-search statute; alleged Fourth Amendment violation | Court: Did not need to rely on R.C. 2933.32 because Mason admitted and retrieved drugs herself; affirm denial of suppression |
| Whether plea and state's factual recitation failed to support convictions | State: Indictment tracked statutes and was amended to reflect BCI results; factual recitation supported charges | Mason: Recitation allegedly negated elements and BCI showed different substances/amounts | Court: No-contest plea waives many challenges; indictment as amended and facts supported convictions; assignment overruled |
Key Cases Cited
- Michigan v. Summers, 452 U.S. 692 (establishes authority to detain occupants during execution of a search warrant)
- Bailey v. United States, 133 S. Ct. 1031 (limits scope of transporting occupants away from premises during searches)
- United States v. Mendenhall, 446 U.S. 544 (test for seizure: would a reasonable person feel free to leave)
- State v. Burnside, 100 Ohio St.3d 152 (2003) (standard of appellate review for suppression rulings)
- State v. Bird, 81 Ohio St.3d 582 (1998) (no-contest plea is an admission of the truth of indictment facts)