2018 Ohio 3876
Ohio Ct. App.2018Background
- Police responded to a 9-1-1 hang-up at 588 Link Road; dispatcher confirmed the call originated from the residence.
- Officers knocked, encountered Michael Pattin and two children; occupants appeared nervous and a child was seen at a window.
- Officer Goble detected a strong odor of raw marijuana outside and stronger at the open front door.
- Based on the hang-up, occupants’ nervousness, the odor, and concerns about drug-related violence, officers performed a protective sweep (ground floor, basement, second floor).
- Officers discovered marijuana plants, harvested marijuana, and grow lights; the homeowner later returned and signed a consent to a further narcotics search.
- Pattin pleaded no contest to illegal cultivation of marijuana; he appealed the denial of his suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless protective sweep/search was lawful under the community-caretaking/emergency-aid exception | State: Officers had objectively reasonable grounds (9-1-1 hang-up from the house, occupants’ nervous behavior, a child at the window, and a strong odor of marijuana) to believe there was an immediate need to check for injured persons | Pattin: Facts did not satisfy the community-caretaking/emergency-aid exception; the protective sweep was an unconstitutional warrantless search | Court affirmed denial of suppression: facts supported invocation of the community-caretaking/emergency-aid exception and the officers’ protective sweep did not implicate the Fourth Amendment |
| Whether the record should be supplemented with police reports to challenge consent and other facts | State: Not applicable (opposed supplementation) | Pattin: Sought to supplement record with police reports to challenge factual bases (e.g., consent) | Denied: No supplementation; moreover, Pattin’s no-contest plea admitted prosecution’s factual allegations and the court’s denial rested on community-caretaking, not consent |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard for appellate review of suppression motions; accept trial court’s factual findings if supported and review legal conclusions de novo)
- State v. Fanning, 1 Ohio St.3d 19 (Ohio 1982) (trial-court factual findings are given deference on appeal)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (reasonable suspicion and probable cause reviewed de novo)
- Katz v. United States, 389 U.S. 347 (U.S. 1967) (warrantless searches presumptively unreasonable under the Fourth Amendment)
- State v. Dunn, 131 Ohio St.3d 325 (Ohio 2012) (recognizes community-caretaking/emergency-aid exception and requires objectively reasonable grounds for immediate assistance)
- Michigan v. Fisher, 558 U.S. 45 (U.S. 2009) (officers need not have ironclad proof of a likely serious, life-threatening injury to invoke the emergency-aid exception)