State v. Parrish
2017 Ohio 867
Ohio Ct. App.2017Background
- On Dec. 15, 2015, Detective Vogelmeier stopped a Mitsubishi Eclipse for a marked lanes violation on I-70; appellant Brian Parrish was the front-seat passenger.
- Officer observed nervous behavior from driver and passenger; a Wendy’s bag and drink were next to Parrish.
- A CODE K-9 (Buckeye) performed a free-air sniff, jumped into the vehicle, alerted to the Wendy’s bag from inside, and later alerted at the exterior seam of the passenger door.
- Officers searched the car, found five plastic bags of crystalline substance in the Wendy’s bag (tested as 69.85 grams methamphetamine), two cell phones, and a glass pipe with residue.
- Parrish was indicted for aggravated possession (R.C. 2925.11) and possession of paraphernalia, moved to suppress, was denied, convicted by a jury of aggravated possession (sentence: 7 years), acquitted of paraphernalia, and appealed.
Issues
| Issue | State's Argument | Parrish's Argument | Held |
|---|---|---|---|
| Validity of initial traffic stop | Officer observed marked lanes violation; stop lawful | Stop lacked reasonable articulable suspicion | Stop was lawful; traffic violation supported stop |
| Legality of canine sniff/search of vehicle | Free-air sniff and exterior dog alert gave probable cause to search | Dog’s interior jump and subsequent search violated Fourth Amendment | Exterior alert at passenger door provided independent probable cause; suppression denial affirmed |
| Standing to challenge vehicle search (passenger) | Passenger had possessory interest in the Wendy’s bag and thus standing | Parrish denied ownership of drugs; argued lack of expectation of privacy | Court assumed arguendo possessory interest; addressed merits and upheld search |
| Manifest weight re: "bulk amount" finding | BCI forensic testimony proved 69.85g methamphetamine, statutory bulk thresholds met | Argued state failed to prove purity/separate out fillers so weight threshold not met | Conviction and jury’s bulk finding not against manifest weight; methamphetamine statutory definition includes mixtures |
Key Cases Cited
- State v. Fanning, 1 Ohio St.3d 19 (1982) (standards for appellate review of suppression findings)
- Ornelas v. United States, 517 U.S. 690 (1996) (reasonable suspicion/probable cause determinations reviewed de novo)
- Wyoming v. Houghton, 526 U.S. 295 (1999) (officers with probable cause to search a car may inspect passengers’ belongings capable of concealing contraband)
- State v. Carter, 69 Ohio St.3d 57 (1994) (passengers have standing to challenge traffic stops)
- State v. Martin, 20 Ohio App.3d 172 (1983) (manifest-weight-of-the-evidence standard for criminal convictions)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (clarification of manifest-weight standard)