State v. McLemore
2014 Ohio 2116
Ohio Ct. App.2014Background
- The State appeals a suppression ruling following McLemore’s motion to suppress after being detained in connection with a shooting on West 17th Street.
- A 12:30 p.m. 911 call reported a black male fleeing the area; Officer Smith stopped McLemore near West 19th Street/Pole Avenue based on observations matching a suspect description.
- Brewer could not identify McLemore at a show-up; a black hooded sweatshirt was subsequently found on West 18th Street near the area of the shooting.
- McLemore was Mirandized at the police station; after invoking, officers obtained consent to search, revealing a car key and later a discarded firearm; K-9 tracked from the sweatshirt to the stop location.
- After further interrogation, McLemore confessed to shooting the victim during a drug deal; a grand jury indicted him on multiple offenses.
- The trial court suppressed the evidence as the result of an unlawful arrest; the State appeals, and the appellate court reverses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was probable cause to arrest McLemore at the time of transport to the station | McLemore | McLemore | Probable cause existed to arrest McLemore |
| Whether the suppression ruling was proper if the arrest was unsupported by probable cause | State | McLemore | State’s second assignment sustained; suppression reversed |
Key Cases Cited
- State v. Barker, 53 Ohio St.2d 135 (Ohio 1978) (four elements of arrest; probable cause standard)
- Hayes v. Florida, 470 U.S. 811 (1985) (seizure may become arrest without probable cause)
- Carroll v. United States, 267 U.S. 132 (1925) (probable cause standard for arrest)
- State v. Maurer, 15 Ohio St.3d 239 (Ohio 1984) (police may arrest with probable cause; formal arrest not always required)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (mixed questions of law and fact in suppression review)
- State v. Snyder, 9th Dist. Medina No. 06CA0018-M, 2006-Ohio-6911 (Ohio 2006) (investigative detention vs. arrest; probable cause threshold)
- State v. Davis, 9th Dist. Lorain No. 03CA008228, 2003-Ohio-5900 (Ohio 2003) (suppression as corollary to Fourth Amendment rights)
- State v. Mendenhall, 446 U.S. 544 (U.S. 1980) (definition of investigative detention vs. seizure)