2012 Ohio 4696
Ohio Ct. App.2012Background
- Payne indicted Jan. 21, 2011 for possession of cocaine; suppression motion filed Feb. 24, 2011; hearing March 16, 2011.
- Trooper Wilson observed Payne on US-35 traveling 56 mph in a right lane, about three car lengths behind, prompting a stop for following too closely.
- A tow truck with a loading vehicle and an active yellow light was on the Route 50 split; Payne did not slow or change lanes.
- The stop revealed an overdue rental car, Payne’s nervous demeanor, and the Columbus-to-Huntington trip; a canine search led to cocaine in a suitcase.
- Trial court denied suppression; Payne pled no contest April 5, 2011; judgment entered August 8, 2011; appellate Anders brief filed; appeal dismissed as wholly frivolous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion or probable cause? | State | Payne | Stop valid; reasonable articulable suspicion existed. |
| Did the length and scope of detention exceed constitutional limits? | State | Payne | Detention within permissible scope and time; canine check permissible. |
Key Cases Cited
- State v. Ward, 2011-Ohio-1261 (4th Dist. No. 10CA30, 2011-Ohio-1261) (reasonable suspicion supports stop; less than probable cause)
- State v. Mays, 2008-Ohio-4539 (119 Ohio St.3d 406, 2008-Ohio-4539) (probable cause not always required for traffic stop; totality of circumstances)
- State v. Dunlap, 652 N.E.2d 988 (Ohio Supreme Court 1995) (credibility findings deference at suppression hearing; de novo review on law)
- State v. Guseman, 2009-Ohio-952 (4th Dist. No. 08CA14, 2009-Ohio-952) (following too closely supports stop; reasonable suspicion)
- Florida v. Royer, 460 U.S. 491 (1983) (stop must be tailored to purpose; canine search treated as within stop)
- State v. Rusnak, 120 Ohio App.3d 24 (6th Dist. 1997) (exterior canine sniff not a search; permissible during stop)