State v. Mobley, 2014 Ohio 4410

Plain-clothes detective observed a Pontiac commit traffic violations; marked deputy stopped the vehicle and noted no front plate and very dark tint.
Upon approach officers smelled a strong odor of burnt marijuana; driver (Lane) admitted smoking earlier; Mobley was a front-seat passenger.
Officers ordered occupants out; Mobley stepped out, handed over a bag, consented to a pat-down, then reached toward his side and fled; both occupants attempted to run and were chased, tackled, and arrested after use of a taser.
After Mobley was handcuffed and under arrest for obstruction/resisting, a custodial search of Mobley’s person revealed numerous brown gel capsules (heroin) and a baggie; Mobley twice told officers Lane had placed the drugs in his pocket.
Police searched the vehicle and found baggies and a firearm; Mobley was indicted for heroin possession, obstructing official business, and resisting arrest; he moved to suppress, the trial court denied the motion, and he pled no contest to second-degree felony possession and was sentenced.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Lawfulness of ordering passenger out of vehicle	Stop was lawful for traffic violations; officers could order occupants out	Mobley argued ordering him out required separate reasonable suspicion beyond stop	Court: lawful traffic stop sufficed; Mimms/Wilson allow ordering occupants out without extra suspicion
Lawfulness of pat-down/search of Mobley	Officers had probable cause after flight/struggle and arrested him; search incident to arrest justified	Mobley argued officers lacked probable cause to pat him when exiting car and search was unlawful	Court: Mobley resisted and was arrested for obstruction; full search incident to arrest was lawful
Admissibility of statements implicating Lane (Miranda)	Statements were voluntary, unsolicited, non-custodial interrogation not implicated	Mobley argued he was not Mirandized and did not validly waive rights	Court: Miranda applies only to custodial interrogation; statements were voluntary and unsolicited, so admissible
Fruit of poisonous tree claim re: vehicle evidence	Search of person and vehicle was lawful; vehicle evidence not basis for Mobley charge	Mobley argued statements/evidence tainted by unlawful police action	Court: search of person lawful; statements voluntary; no suppression warranted

Terry v. Ohio, 392 U.S. 1 (explains stop-and-frisk reasonable-suspicion framework)
Miranda v. Arizona, 384 U.S. 436 (Miranda warnings required for custodial interrogation)
Chimel v. California, 395 U.S. 752 (search incident to lawful arrest doctrine)
United States v. Robinson, 414 U.S. 218 (search incident to arrest permits full search for evidence)
Pennsylvania v. Mimms, 434 U.S. 106 (officer may order driver out during lawful stop)
Maryland v. Wilson, 519 U.S. 408 (officer may order passengers out during lawful stop)
State v. Evans, 67 Ohio St.3d 405 (Ohio adherence to Mimms/Wilson principles)
State v. Retherford, 93 Ohio App.3d 586 (trial court findings on suppression reviewed for competent, credible evidence)