2014 Ohio 2752
Ohio Ct. App.2014Background
- May 30, 2013, Akron police observed Oden near a car in a known drug area and saw him reach into the vehicle.
- Oden turned away from officers when they approached, making his hands not visible.
- Officers detained Oden and conducted a pat-down, yielding a loaded firearm and a bag of crack cocaine.
- Oden was indicted on carrying concealed weapons, possession of cocaine, and obstructing official business.
- Motion to suppress the evidence was denied; Oden pled no contest and was convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | Oden argues lack of reasonable suspicion | State argues totality of circumstances supported stop | Stop supported by reasonable suspicion |
Key Cases Cited
- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979) (requires reasonableness for vehicle stops)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable suspicion standard for stops)
- Mapp v. Ohio, 367 U.S. 643 (U.S. 1961) (exclusionary rule applicable to searches and seizures)
- Freeman, 64 Ohio St.2d 291 (1980) (totality of circumstances framework in Ohio)
- State v. Carano, 2013-Ohio-1633 (9th Dist. Summit No. 26544) (totality of circumstances for investigative stops)
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (establishes standard for reviewing suppression rulings)
- State v. Hobbs, 133 Ohio St.3d 43 (2012-Ohio-3886) (applies Burnside to suppress review)
- State v. Caynon, 2013-Ohio-2789 (9th Dist. Summit No. 26559) (reasonable suspicion less than probable cause)