State v. Wheeler
2017 Ohio 4013
| Ohio Ct. App. | 2017Background
- On Oct. 15, 2015, Officer Mark Orick, investigating a stolen vehicle in a high‑crime area of Dayton, heard a loud noise he identified as a gunshot near where Eric Wheeler was standing.
- Orick observed a woman recoil and Wheeler slowly back away, making eye contact and placing an object on the ground with a light throwing motion.
- Orick drew his weapon, ordered Wheeler to the ground; Wheeler did not immediately comply. Sgt. Riegel arrived and officers handcuffed Wheeler.
- Officer Jason Berger, informed that Wheeler may have fired a shot, conducted a protective Terry pat‑down; he felt a gel capsule in Wheeler’s right pocket and, without manipulation, removed it and also discovered two baggies of crack cocaine.
- Wheeler was indicted for possession of cocaine and heroin. He moved to suppress the items recovered during the pat‑down. The trial court denied the motion; Wheeler pleaded no contest to possession of cocaine (second‑degree felony).
- On appeal, the court (a) found a clerical error in the judgment entry mischaracterizing the plea as guilty and remanded to correct it, and (b) affirmed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable, articulable suspicion to stop/detain Wheeler | Orick heard a gunshot in a high‑crime area, observed Wheeler's nonreactive behavior and backward movement; those facts justify a Terry stop | Orick lacked reasonable suspicion; stop was unlawful | Stop lawful: totality (gunshot, location, behavior) justified initial detention |
| Whether Berger was justified in conducting a protective frisk | Berger acted on Orick’s reasonable suspicion and the collective knowledge of officers supported a weapons search | Berger had no independent basis and did not perceive a gunshot himself, so frisk exceeded Terry | Frisk lawful: Berger reasonably relied on Orick’s assessment and collective knowledge justified pat‑down |
| Whether the seizure of the gel capsule and cocaine during the pat‑down violated the Fourth Amendment | The gel capsule’s feel made its incriminating character immediately apparent under the plain‑feel doctrine | Seizure violated Terry because the pat‑down was limited to weapons and officer impermissibly manipulated or seized non‑weapon items | Seizure lawful: officer’s training/experience made the gel capsule’s contraband character immediately apparent; plain‑feel justified seizure |
| Clerical error in judgment entry mislabeling plea | State concedes clerical error; plea form shows no contest | Wheeler claims the entry misstates plea and convictions | First assignment sustained: remand for nunc pro tunc correction; no prejudice shown to sentence |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes investigatory stop and limited pat‑down for weapons)
- Minnesota v. Dickerson, 508 U.S. 366 (plain‑feel doctrine permitting seizure of contraband during lawful pat‑down)
- Whren v. United States, 517 U.S. 806 (objective standard; officers' subjective intent irrelevant to probable cause analysis)
- United States v. Hensley, 469 U.S. 221 (collective police knowledge can justify stops when information is communicated)
- Adams v. Williams, 407 U.S. 143 (protective search rationale: officer safety to pursue investigation)
- State v. Andrews, 57 Ohio St.3d 86 (Ohio standard for protective searches and consideration of officer experience)
- State v. Burnside, 100 Ohio St.3d 152 (standard of review for suppression: factual findings deferred, legal conclusions de novo)