State v. Ware
2011 Ohio 5665
Ohio Ct. App.2011Background
- Appellant Germaine Ware appeals after denial of suppression and conviction for failure to comply with a police order.
- Appellant was charged with felonious assault and, separately, with failure to comply with a police order; felonious assault verdict was not guilty, but failure to comply conviction stands.
- Pretrial suppression hearing held December 14, 2010; suppression motion denied.
- At trial, Ware waived jury trial on failure to comply; felonious assault tried to jury and Ware found not guilty on that count.
- Officer Sanderson testified to a late-night domestic violence scene, a white vehicle, and furtive movements by Ware; an officer fired when Ware attempted to flee.
- Conviction and sentence: four months of community control sanctions on the first-degree misdemeanor charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion. | State argues the stop was justified by totality of circumstances. | Ware argues no reasonable suspicion to justify a Terry stop. | Stop supported by reasonable suspicion. |
| Whether R.C. 2921.331(B) is unconstitutional as applied. | State maintains statute valid as applied to moving vehicle after order. | Ware contends no movement or misapplication of law. | R.C. 2921.331(B) constitutionally applied. |
| Whether the conviction for failure to comply was against the manifest weight of the evidence. | State asserts sufficient evidence of willful eluding. | Ware contends evidence does not show movement/operation as required. | Conviction not against the manifest weight. |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (standard for reviewing suppression as mixed law and fact; totality of circumstances)
- State v. Jones, 70 Ohio App.3d 554 (1990) (reasonable suspicion requires specific articulable facts)
- State v. Taylor, 106 Ohio App.3d 741 (1995) (circumstances assessed in totality, not standalone acts)
- State v. Bobo, 37 Ohio St.3d 177 (1988) (totality of surrounding circumstances; plain view of safety concerns)
- State v. Freeman, 64 Ohio St.2d 291 (1980) (circumstances before officer not to be dissected; experience of officers)