2013 Ohio 720
Ohio Ct. App.2013Background
- Twinam was convicted by Dayton Municipal Court bench trial of carrying a concealed weapon (brass knuckles), a first-degree misdemeanor; sentenced to 180 days in jail with 178 suspended and $150 fine; brass knuckles to be destroyed.
- Officer observation: in July 2011, a known drug dealer was seen in the driveway of a vacant house with Twinam’s vehicle nearby, and a passenger/occupant (Robinson) reached inside Twinam’s vehicle; no video of the encounter.
- Orick testified Robinson’s actions and area history suggested possible hand-to-hand drug dealing; Robinson fled when the officers approached and Twinam’s vehicle had very dark tint.
- Police gained access to the vehicle, removed Twinam, and observed a mesh pouch on the front driver’s seat containing brass knuckles; gel caps were found in the vehicle.
- Twinam moved to suppress the evidence; the trial court overruled suppression, concluding the totality of circumstances supported a Terry stop and later probable cause to arrest for carrying a concealed weapon; the evidence was ultimately used at trial.
- Appellate court affirmed the trial court’s rulings and the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression ruling was proper | Twinam | Twinam argues lack of probable cause/reasonable suspicion | Overruled; suppression denied |
| Whether the concealment finding supports the conviction | Twinam | Twinam contests concealment under R.C. 2923.12 | Overruled; concealment established and conviction sustained |
Key Cases Cited
- State v. Johnson, 2002-Ohio-4684 (2d Dist. Montgomery No. 19203 (2002)) (relevance of observation in a high-crime area to Terry stop)
- State v. Petit, 20 Ohio App.2d 170 (1969) (test for concealment of a weapon under R.C. 2923.12)
- State v. Hurt, 2006-Ohio-990 (Montgomery App. No. 21009) (deference to trial court on suppression, review for proper legal standard)
- State v. Purser, 2007-Ohio-192 (2d Dist. Greene No. 2006 CA 14) (standard for suppression review and Fourth Amendment analysis)
- State v. Chadwell, 2009-Ohio-1630 (2d Dist.) (unprovoked flight as relevant to Terry stop analysis)