State v. Reece
2015 Ohio 3638
Ohio Ct. App.2015Background
- Undercover officer observed a Chevy Suburban make a left turn without signaling and noted very dark window tint; a uniformed officer stopped the vehicle.
- Driver (Reece) rolled down the front driver window; other windows were pitch black; officer asked him to lower additional windows and produce license/insurance.
- Reece exited the vehicle, was patted down, refused consent to search, and was asked to stand aside while a drug-detection dog was brought to walk around the vehicle.
- The drug dog, which arrived about 1–2 minutes after the stop, alerted on the driver’s-side door within roughly five minutes of the stop; officers then searched the vehicle and found a gun, scale, and a canister containing marijuana, crack, and heroin.
- Reece was cited for the tint violation, indicted for possession of cocaine and heroin, moved to suppress the evidence, pleaded no contest after the trial court denied suppression, and received community-control sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of traffic stop | Stop was lawful because officers observed turn without signal and illegal tint | Stop was pretextual (narcotics unit) and thus constitutionally suspect | Stop lawful; officer’s subjective motivation irrelevant under Whren |
| Ordering driver out of vehicle | Ordering exit is permissible for officer safety during lawful stop | Exit and detention exceeded scope absent further suspicion | Ordering exit lawful under Mimms/Johnson |
| Use of drug dog during traffic stop (Rodriguez issue) | Dog sniff occurred while traffic investigation still ongoing; did not prolong stop | Dog sniff unlawfully prolonged an otherwise-completed stop absent reasonable suspicion | Dog sniff occurred during the time needed to complete traffic investigation and did not violate Rodriguez |
| Probable cause to search after dog alert | Dog’s alert provided probable cause to search vehicle | Dog alert insufficient or tainted by unlawful detention | Dog’s positive alert supplied probable cause; search lawful |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (subjective intent of officer irrelevant when probable cause for traffic stop exists)
- Rodriguez v. United States, 135 S. Ct. 1609 (2015) (traffic stop may not be prolonged beyond mission of issuing ticket absent reasonable suspicion)
- Arizona v. Johnson, 555 U.S. 323 (2009) (officers may order passengers or drivers out of vehicle during lawful traffic stop for safety)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (ordering driver out of vehicle during traffic stop is a minimal additional intrusion justified by officer safety)