2018 Ohio 3540
Ohio Ct. App.2018Background
- Officers received a confidential-informant tip that a man called “Rico” was selling heroin from a Riverside Drive residence; surveillance showed people making quick visits consistent with drug activity.
- A Lincoln sedan left the residence with a male passenger (later identified as Akintola Olagbemiro) and a female driver; the driver was stopped for failing to signal.
- Officer Butler, parked shortly behind the Lincoln on a steep hill in daylight, testified he saw the silhouette of the passenger’s head moving side-to-side and up-and-down through a tinted rear window, suggesting furtive movements to hide a weapon.
- After waiting for cover, Butler ordered the passenger out, conducted a protective pat-down (no weapons), and opened the center console of the vehicle where he observed a digital scale; Butler arrested Olagbemiro for possession of drug paraphernalia.
- At booking, a strip search revealed a bag of heroin/cocaine on Olagbemiro’s person; he moved to suppress the drugs as fruits of an unlawful vehicle search.
- The trial court denied the motion to suppress, finding the compartment search permissible under Terry/Michigan v. Long; Olagbemiro pled no contest and appealed only the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless search of the vehicle’s passenger compartment was lawful | Search was a reasonable Terry protective search based on specific, articulable facts (silhouette movements, informant tip, ID exchange) | Movements were not detailed/credible enough; officer lacked probable cause to search; tint prevented viewing | Court held search lawful as a limited Terry/Michigan v. Long protective search supported by reasonable suspicion; suppression denied |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (permits limited protective searches based on reasonable suspicion)
- Michigan v. Long, 463 U.S. 1032 (1983) (extends Terry to vehicle passenger-compartment searches limited to areas a weapon might be hidden)
- Carroll v. United States, 267 U.S. 132 (1925) (automobile exception to warrant requirement)
- State v. Bobo, 37 Ohio St.3d 177 (1988) (Ohio discussion of furtive movements and officer safety in vehicle stops)
- State v. Evans, 67 Ohio St.3d 405 (1993) (noting that contraband discovered during lawful Terry search need not be suppressed)
- State v. Burnside, 100 Ohio St.3d 152 (2003) (standards for appellate review of suppression motions)