State v. Orosz
2017 Ohio 707
| Ohio Ct. App. | 2017Background
- Orosz, a passenger, was in a car stopped for a minor traffic violation involving a known drug dealer.
- Officer Butler approached and intended to warn the driver and request a K-9 unit; Orosz appeared anxious and avoided eye contact.
- Officer Smith observed Orosz moving furtively, with hands in his shorts, while the driver remained the focus of the stop.
- A bindle of heroin fell from Orosz’s pants during a search of his person after he was removed from the vehicle and pat-searched.
- A second controlled substance, cocaine, was found in Orosz’s sock; the stop occurred at a Shell station on State Route 306.
- The trial court denied the Motion to Suppress; the appellate court affirmed, upholding the warrantless search as reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search of Orosz was reasonable under the Fourth Amendment? | Orosz argues no reasonable suspicion or probable cause supported a search. | State contends totality of circumstances showed he was armed/dangerous, justifying a protective search. | Search upheld; reasonable suspicion supported protective search. |
Key Cases Cited
- Pennsylvania v. Mimms, 434 U.S. 106 (U.S. 1977) (reasonableness of police action during traffic stops; passengers may be ordered out)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (stop-and-frisk standard; reasonable suspicion required for a protective search)
- Arizona v. Johnson, 555 U.S. 323 (U.S. 2009) (protective frisk of a vehicle passenger when armed suspicion exists)
- State v. Evans, 67 Ohio St.3d 405 (1993) (drug trafficking context supports frisk when armed risk is high)
- State v. Hall, 2012-Ohio-4155 (Ohio 2012) (backseat passenger frisk where surrounding circumstances warrant precaution)
- State v. Covert, 2011-Ohio-4713 (Ohio 2011) (protective search upheld where multi-occupant vehicle; precautionary frisk justified)
- State v. Sears, 2005-Ohio-3880 (Ohio 2005) (intermediate case supporting protective search when driver and vehicle context raise risk)
- State v. Smith, 2015-Ohio-1204 (Ohio 2015) (protective search during a disputed encounter with a passenger)