State v. Pryor, 2012 Ohio 1033

Pryor was convicted of carrying a concealed weapon (felony, fourth degree) after a firearm was found in his motorcycle saddlebag during a traffic stop.
A plain-clothes officer observed Pryor’s conduct and Pryor allegedly placed an item from his waistband into the saddlebag.
Uniformed officers arrived; the flashlight revealed the butt of a handgun within the saddlebag’s opening, leading to seizure of the weapon.
Pryor moved to suppress the firearm; the trial court overruled, and Pryor pleaded no contest.
Pryor pleaded no contest, admitting the indictment’s factual allegations; the court then convicted and sentenced him to five days in jail plus community control.
The issues on appeal included (1) alleged jurisdiction defects in the complaint, (2) sufficiency of probable cause to search, and (3) sufficiency of evidence of concealment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction via complaint defects	Pryor argues defect in the complaint voids proceedings	Pryor asserts defective complaint deprives court of jurisdiction	No; indictment cured issues; proceedings valid
Probable cause to search the saddlebag	Searching the saddlebag lacked probable cause for protective search	Officer had probable cause to search due to what Pryor did and visible gun butt	Probable cause supported the search under automobile exception
Concealment element under R.C. 2923.12(A)(2)	Visible butt of gun negates concealment	Partial visibility still satisfies concealment under case law; no-contest plea admits indictment	Concealment established; no-contest plea supports conviction

State v. Washington, 30 Ohio App.3d 98 (8th Dist.1986) (indictment validity not attacked by collateral defects in complaint)
State v. Burnside, 2003-Ohio-5372, 797 N.E.2d 71 (Ohio 2003) (trial court findings reviewed de novo for suppression rulings)
State v. Kessler, 53 Ohio St.2d 204, 373 N.E.2d 1252 (1978) (probable cause standard for vehicle searches)
State v. Mills, 62 Ohio St.3d 357, 582 N.E.2d 972 (1992) (automobile exception to the warrant requirement)
State v. Davis, 15 Ohio App.3d 64, 472 N.E.2d 751 (1st Dist.1984) (concealment need not be complete invisibility; partial visibility ok)
State v. Petit, 20 Ohio App.2d 170, 252 N.E.2d 325 (1969) (concealment standard based on ordinary observation)
State v. Bird, 81 Ohio St.3d 582, 692 N.E.2d 1013 (1998) (no-contest plea admits facts in indictment)
State ex rel. Stern v. Mascio, 75 Ohio St.3d 422, 662 N.E.2d 370 (1996) (when indictment states a felony offense and is pleaded to, court must find guilt)
Cal. v. Carney, 471 U.S. 386 (U.S. 1985) (automobile exception justification for warrantless searches)