State v. Wade
2012 Ohio 4255
Ohio Ct. App.2012Background
- Wade is a back-seat passenger in a Ford Expedition stopped for a missing front license plate by Akron police on Oct 4, 2011.
- Officers observed furtive movements by Wade and suspected he may be concealing a weapon.
- A front-seat passenger had an outstanding warrant and was handcuffed and placed in a cruiser.
- Wade was asked to step out and pat-down for weapons; he hesitated to comply with placing hands on head.
- During the pat-down, officers searched the backseat area and found a gun under Wade’s seat, leading to his arrest.
- The trial court granted Wade’s motion to suppress; the State appealed, and the court of appeals reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the protective search was justified | State: furtive movements and nervousness justified protective search. | Wade: no valid basis for a protective search absent danger or consent. | Protective search justified; suppression reversed. |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003) (mixed law-and-fact review; evidentiary credibility)
- Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion for weapons search)
- Michigan v. Long, 463 U.S. 1032 (1983) (protective searches of auto passenger compartment)
- State v. Andrews, 57 Ohio St.3d 86 (1991) (totality-of-the-circumstances standard for searches)
- State v. Bobo, 37 Ohio St.3d 177 (1988) (objective standard for officer safety searches)
- State v. Evans, 67 Ohio St.3d 405 (1993) (Terry extension to vehicle context)
- Gant, 556 U.S. 332 (2009) (limitations on searches after custodial arrest)
- Dayton v. Erickson, 76 Ohio St.3d 3 (1996) (license-plate stop authority)