State v. Thompson
2013 Ohio 4825
Ohio Ct. App.2013Background
- Thompson charged with possession of heroin and cocaine after drugs found in car during warrantless search.
- Officer observed Thompson commit an alleged traffic violation and followed him to a parking lot behind a building.
- Thompson's license was suspended; he was detained/arrested; he was handcuffed due to nervousness during the patdown.
- While Thompson was detained, officer observed a marijuana cigarette in plain view inside the car, prompting a warrantless search.
- Inventory search conducted before towing revealed heroin and cocaine; trial court suppressed as fruit of the poisonous tree.
- State appealed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Thompson's initial arrest lawful? | Thompson | Thompson | Moot; not decided on appeal |
| Whether the warrantless search of Thompson's car was lawful under the automobile exception | State | Thompson | Search lawful under automobile exception |
| Whether the drug evidence was independent of Thompson’s arrest (independent source) | State | Thompson | Independent source doctrine applies; exclusionary rule does not apply |
| Whether the initial open-view observation of marijuana was a search or plain-view seizure | State | Thompson | Observation in plain view not a search; justified the later seizure/search |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (standard for reviewing suppression orders; mixed law and fact; de novo review of law)
- State v. Pounds, 2005-Ohio-3040 (Montgomery No. 21257) (plain-view and automobile exception; probable cause to search vehicle)
- United States v. Ross, 456 U.S. 798 (1982) (scope of automobile exception; search of entire vehicle possible)
- Coolidge v. New Hampshire, 403 U.S. 443 (1971) (plain-view seizure—immediately apparent incriminating nature)
- State v. Bazrawi, 2013-Ohio-3015 (10th Dist. Franklin No. 12AP-1043) (open-view observation from outside vehicle not a search)
- State v. McClain, 2003-Ohio-5329 (2d Dist. Montgomery No. 19710) (looking into open passenger windows not a search for Fourth Amendment purposes)
- State v. Cranford, 2005-Ohio-1904 (2d Dist. Montgomery No. 20633) (discussion of independent source doctrine and severing taint from initial illegality)