State v. Todd, 2011 Ohio 1740

Lieutenant Yount received two dispatches about a suspicious male matching Todd’s description near Hathaway Road; the second call described suspected suspicious behavior and identified the caller who reported it.
Yount located Todd in the 300 block of Hathaway Road, observed him near a residence, and ordered him to stop as Todd approached the house on a dead-end street.
Todd wore a cut-off sweatshirt and appeared nervous; he initially claimed he lived on Oak Street and later gave inconsistent location details.
Todd was asked to remove items from his pockets; he produced two cell phones, a camera, coins, and jewelry; a bulge in a back pocket prompted further inquiry.
A phone call from a number on one phone led Yount to identify Todd as the owner of the phone; Todd was subsequently arrested after officers learned more about the property and Todd’s statements.
Detective Hill advised Todd of Miranda rights and Todd made incriminating statements after waiving those rights; Todd was later indicted for burglary and receiving stolen property.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop/detention was supported by reasonable suspicion	Todd contends stop based on dispatch alone was insufficient	State argues second dispatch plus totality of circumstances justified detention	Stop justified by reasonable and articulable suspicion
Whether the pocket searches were lawful as patdown vs. search incident to arrest	Todd asserts pocket removals exceeded patdown scope	State argues searches were incident to arrest for probable cause to arrest	Searches valid as incident to a lawful arrest for probable cause to arrest
Whether the cell phone search conducted during arrest was lawful	Yount’s dialing/answering the last-called number without permission was unlawful	State treats it as a permissible search incident to arrest	Cell phone search was unlawful; suppression required for evidence obtained

Terry v. Ohio, 392 U.S. 1 (1968) (lawful police stop with reasonable suspicion)
United States v. Mendenhall, 446 U.S. 544 (1980) (defined stop/detention framework for seizure)
United States v. Robinson, 414 U.S. 218 (1973) (search incident to arrest rationale)
Illinois v. Gates, 462 U.S. 213 (1983) (totality of the circumstances for probable cause)
State v. Evans, 67 Ohio St.3d 405 (1993) (protective patdown for weapons standard)
Oregon v. Szakovits, 43 Ohio St.2d 271 (1972) (arrest authority for misdemeanors in presence/around circumstances)
State v. Weideman, 94 Ohio St.3d 501 (2002) (exclusionary rule limitations for statutory violations)
State v. Perez, 124 Ohio St.3d 122 (2009) (probable cause assessment in arrest context)