State v. Potts, 2017 Ohio 8512

Officer Kelly Moran stopped a truck for an excessively loud muffler after being asked to follow a vehicle leaving a suspected drug house. The passenger was Michael Bramley.
Moran obtained the occupants’ identities and called a drug-task-force canine unit; the canine showed interest but did not give a positive alert.
After verbally warning the driver about the muffler and telling the occupants they were free to go, Moran continued to question the driver and asked for consent to search the truck; the driver ultimately consented.
Moran removed Bramley, asked him about furtive movements (Bramley admitted hiding an open container), then asked Bramley to consent to a search of his person; Bramley consented and Moran found crack cocaine in his pocket.
Bramley was indicted for felony possession, moved to suppress, and the trial court granted the motion. The State appealed and this court reversed.

Issue	State's Argument	Bramley’s Argument	Held
Whether continued detention became unlawful after the canine did not alert and Moran warned the driver he was free to go	Moran’s continued questions were a permissible brief extension or consensual encounter; detention was not unlawfully prolonged	Continued questioning and request to search after the stop’s purpose ended converted the encounter into an unlawful detention	The stop’s initial purpose was complete once the canine failed to alert and the driver was warned; continued questioning and request to search the truck unlawfully extended the seizure
Whether Bramley’s consent to a search of his person was voluntary despite the unlawful detention	Bramley voluntarily consented; Moran was nonthreatening, told occupants they were free to go, and Bramley was cooperative	Consent was involuntary because it occurred during an unlawful detention and under coercive circumstances (lights/officers present)	Bramley’s consent was voluntary. The record did not show multiple cruisers, Moran’s questions to the driver did not render Bramley unable to refuse, and Bramley’s cooperation supports voluntariness; suppression was reversed

Burnside v. State, 100 Ohio St.3d 152 (establishes mixed question review for suppression rulings)
Robinette v. State, 80 Ohio St.3d 234 (consent may validate an otherwise illegal detention; voluntariness judged by totality of circumstances)
Rodriguez v. United States, 135 S. Ct. 1609 (authority for a traffic stop ends when tasks tied to the infraction are completed)
Schneckloth v. Bustamonte, 412 U.S. 218 (voluntariness of consent judged under totality of circumstances; knowledge of right to refuse not required)
Royer v. Florida, 460 U.S. 491 (consent must be free will, not mere submission to authority)
Roberts v. State, 110 Ohio St.3d 71 (appellate review accepts trial court’s factual findings supported by competent, credible evidence)
Mills v. State, 62 Ohio St.3d 357 (trial court best suited to evaluate witness credibility)