State v. Ward
2011 Ohio 3183
Ohio Ct. App.2011Background
- State appeals suppression ruling in a felony heroin case following a traffic stop in East Liverpool, Ohio.
- Officer stopped Ward allegedly for a turn-signal violation; Ward provided false ID and was arrested for falsification.
- Vehicle inventory occurred prior to tow, leading to discovery of heroin; warrantless search issue raised.
- Trial court found no credible basis for the turn-signal stop and suppressed evidence.
- State argued probable cause or reasonable suspicion supported the stop; suppression affirmed.
- Court of Appeals affirms, holding probable cause was the appropriate standard and the stop lacked basis; evidence suppressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the traffic stop valid under the correct standard? | State; stop based on probable cause to a traffic violation. | Ward; stop lacked probable cause/reasonable suspicion. | Yes; under Dayton v. Erickson the stop lacked valid basis; suppression affirmed. |
Key Cases Cited
- Dayton v. Erickson, 76 Ohio St.3d 3 (Ohio 1996) (probable cause standard for pretextual traffic stops)
- State v. Moore, 90 Ohio St.3d 47 (Ohio 2000) (probable cause and warrant considerations; exceptions to warrant)
- Mapp v. Ohio, 367 U.S. 643 (U.S. 1961) (unreasonable searches without probable cause subject to exceptions)
- Bobo, 37 Ohio St.3d 177 (Ohio 1988) (totality of circumstances in Terry stops in high crime areas)
- Kessler, 53 Ohio St.2d 204 (Ohio 1978) (burden shifting for warrantless searches; exceptions to warrant requirement)
- Cortez, 449 U.S. 411 (U.S. 1981) (framework for reasonable articulable suspicion)