State v. Stonier
2013 Ohio 2188
Ohio Ct. App.2013Background
- Stark County Court of Common Pleas denied Stonier’s motion to suppress evidence after a July 2012 suppression hearing.
- Appellant was charged with possession of cocaine (felony of the fifth degree) and possession of drugs (misdemeanor of the first degree).
- Officer Welsh observed Stonier in a parked pickup at night in the Alliance Save-A-Lot lot; she was alone and bent over in the center of the vehicle.
- Officer approached after seeing her drive away without headlights and later observed a knife clipped to her belt and a screwdriver in the console area.
- A baggie containing cocaine was later found in the center console; Stonier admitted it contained cocaine but claimed it belonged to someone else.
- Trial court ruled the stop was lawful and denied the suppression motion; Stonier pleaded no contest and was sentenced to two years of probation; the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion. | Stonier argues the stop lacked reasonable suspicion. | State contends the encounter was consensual and/or supported by reasonable suspicion. | Appeals court held initial encounter was consensual; later investigation supported by reasonable suspicion; suppression denied. |
Key Cases Cited
- Ornelas v. U.S., 517 U.S. 690 (1996) (reasonable-suspicion standard reviewed de novo on appeal)
- State v. Taylor, 106 Ohio App.3d 741 (1995) (consent vs. investigatory detention framework in Ohio)
- State v. Freeman, 64 Ohio St.2d 291 (1980) (totality of circumstances for Terry stops)
- City of Xenia v. Wallace, 37 Ohio St.3d 216 (1988) (requirement that suppression grounds be clearly raised to give notice)
- State v. Fanning, 1 Ohio St.3d 19 (1982) (standards for reviewing findings of fact on suppression)
- State v. Klein, 73 Ohio App.3d 486 (1991) (legal standards for suppression issues on appeal)