2012 Ohio 6227
Ohio Ct. App.2012Background
- State appeals suppression of a plastic baggie containing crack cocaine seized from Vaughn's sweatshirt pocket during a pretext stop for a horn violation.
- Officer House, responding to anonymous drug trafficking tip about Vaughn selling at 1320 Morris Ave, observed Vaughn's car after it returned to the scene and stopped it.
- Vaughn exited the car; House observed a wad of money in her left pocket and she pressed the pocket closed as she stepped out.
- Pendley, present at the scene, saw the baggie in Vaughn's pocket after Vaughn removed the money; Vaughn stated the money was nothing.
- Pendley seized the baggie before Vaughn could reach it, and a digital scale was later recovered from Vaughn.
- Trial court suppressed the evidence; the State challenged, arguing Pendley had probable cause to seize the baggie.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Pendley have probable cause to seize the baggie? | Vaughn's baggie was in plain view with corroborating circumstances. | Pendley lacked knowledge of the full facts; not enough for probable cause. | No; Pendley lacked probable cause; suppression affirmed. |
Key Cases Cited
- State v. Dunson, 2007-Ohio-6681 (2d Dist. Montgomery 2007) (aggregate known facts determine probable cause; here insufficient)
- State v. Evans, 67 Ohio St.3d 405 (Ohio 1993) (exiting a stopped vehicle does not require heightened suspicion)