2016 Ohio 4806
Ohio Ct. App.2016Background
- Late May 5/early May 6: a burglary occurred; victim reported a blue Chrysler Pacifica with Ohio temporary tags and described occupants (short African‑American male; older white male). A third suspect (Brandon Stevens) was caught and implicated Brian Murphy as a participant in the Pacifica.
- Officers knew the Pacifica and its owner (Brittany Vincent) from prior contacts; one officer had earlier seen the Pacifica at the owner’s residence and another had been backup on a traffic stop where an African‑American male passenger gave a Georgia license in the name "Brian Slater." That passenger was later identified at the suppression hearing as Cortez Roberts.
- Morning after the burglary officers located the Pacifica parked at a mini mart / Bruster’s lot. Officers observed occupants via tinted windows, watched the car briefly, then approached to check identity because the vehicle matched the burglary description.
- During the stop Roberts (in the driver’s seat during this encounter) presented a Georgia license in the name Brian Slater; a firearm was observed on a passenger and occupants were ordered out and handcuffed as appropriate. Roberts subsequently rode to the police station, was Mirandized, signed the waiver as "Brian Slater," and later was identified as Cortez Roberts.
- Roberts was charged with three counts of falsification for using the false identity on three occasions; he moved to suppress identification evidence. The municipal court denied suppression (calling the encounter consensual). Roberts pled no contest and was convicted; sentence stayed pending appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers’ approach and ID check was a consensual encounter or a seizure (Terry investigatory stop) implicating the Fourth Amendment | State: officers reasonably approached a parked vehicle matching burglary description; the encounter was consensual / lawful | Roberts: a reasonable person would not feel free to leave; this was a warrantless investigatory stop requiring reasonable articulable suspicion which was lacking | Court: treated as an investigatory stop but held officers had reasonable, articulable suspicion; no Fourth Amendment violation |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (United States 1968) (standards for investigative stops and reasonable articulable suspicion)
- United States v. Hensley, 469 U.S. 221 (United States 1985) (permits brief stops to investigate completed crimes when reasonable suspicion exists)
- State v. Mills, 62 Ohio St.3d 357 (Ohio 1992) (trial court as factfinder on suppression; deference to factual findings)
- State v. Roberts, 110 Ohio St.3d 71 (Ohio 2006) (appellate review principles for suppression issues)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (questions of law reviewed de novo on suppression)
- State v. Taylor, 106 Ohio App.3d 741 (Ohio Ct. App. 2d Dist. 1995) (test for whether a person has been seized under Terry)