State v. Shipp
2012 Ohio 6189
Ohio Ct. App.2012Background
- Officer Zwiesler stopped Shipp for a turn-signal violation and lacking a license.
- Shipp could not produce a driver’s license; wallet was removed and an ID was located.
- Backup officers arrived; Shipp was arrested for driving without a license and the vehicle towed for inventory.
- During inventory, Shipp yelled that the glove-box search was illegal; officers learned there was a gun in the glove box.
- Officers opened the locked glove box and recovered a handgun with six rounds; gun was later unloaded.
- Shipp pled guilty to Improper Handling of a Firearm in a Motor Vehicle, challenged suppression, and the court affirmed the trial court’s ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the nullification of the glove-box search was proper. | Shipp argues the search was unlawful. | Shipp contends there was no probable cause. | Probable cause existed; suppression denied. |
Key Cases Cited
- Chimel v. California, 395 U.S. 752 (1969) (search incident to arrest permits broader rummage for evidence)
- State v. Mills, 62 Ohio St.3d 357 (1992) (car searches with probable cause)
- United States v. Ross, 456 U.S. 798 (1982) (automobile exception applies to areas within vehicle)
- State v. Welch, 18 Ohio St.3d 88 (1985) (scope of automobile search when probable cause exists)