State v. Montague, 2013 Ohio 811

In July 2011, Officer Shiverdecker stopped a Chevrolet Blazer for failing to use a turn signal in a high-crime area; Montague was a front-seat passenger and identified as “Q.”
Shiverdecker checked the driver and Montague on the cruiser computer; Montague had prior drug-related evictions and Clinton County drug warrants (outside the pickup radius, not arrestable on those warrants).
The driver consented to a vehicle search; during a weapons frisk of the driver and Montague, Shiverdecker felt a knot in Montague’s buttocks and, based on experience, believed it likely contained drugs.
Montague produced a bag of crack cocaine after being asked to remove drugs from his pants, and was arrested.
Montague was charged with Possession of Crack Cocaine in an amount less than one gram; moved to suppress the evidence; the trial court overruled the motion; Montague pled no contest and received five years of community control sanctions and a six-month license suspension; he appeals the suppression ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the pat-down justified by reasonable suspicion under Terry?	Montague argues no individualized suspicion supported a frisk.	State contends the totality of circumstances created reasonable suspicion.	Pat-down was lawful; individualized suspicion supported frisk.
Did the pat-down exceed permissible boundaries?	Montague contends the frisk intruded beyond a proper pat-down, particularly the groin area.	State argues the groin-area pat-down was within the scope of a Terry frisk given drug-gang context.	Pat-down did not exceed permissible boundaries.

State v. Roberts, 2010-Ohio-300 (2d Dist. Montgomery No. 23219) (standard for reviewing suppression rulings; totality of circumstances)
State v. Stewart, 2004-Ohio-1319 (2d Dist. Montgomery No. 19961) (authority to conduct a pat-down after a lawful stop)
State v. Evans, 67 Ohio St.3d 405 (Ohio Supreme Court 1993) (recognition that drug activity often involves weapons; reasonable suspicion standard)
Terry v. Ohio, 392 U.S. 1 (Supreme Court 1968) (permissible brief stop and frisk if reasonably suspicious)
State v. Andrews, 57 Ohio St.3d 86 (Ohio Supreme Court 1991) (legal framework for reasonable and prudent officer standard)
State v. Martin, 2004-Ohio-2738 (2d Dist. Montgomery No. 20270) (drug-trafficking context enhancing weapons frisk for safety)
State v. Woodward, 2002-Ohio-942 (2d Dist. Montgomery No. 18869) (frisk scope must be confined to discovery of weapons)
State v. Dickerson, 2008-Ohio-6544 (2d Dist. Montgomery No. 22452) (limited nature of weapons frisk; safety purpose)
Adams v. Williams, 407 U.S. 143 (Supreme Court 1972) (context for frisk based on danger to officer)