State v. White
995 N.E.2d 930
Ohio Ct. App.2013Background
- State appeals suppression of heroin found in White's vehicle after a park stop and ensuing search.
- Officer Hammermeister observed White in a park, panicked reaction, and brief departure to woods, followed by a single-tail-light traffic stop.
- During the stop, White was told she was free to leave; after warning, the officer asked to question her and sought consent to search, which she gave.
- The search yielded heroin and a marijuana pipe; heroin identified by the officer familiar with its appearance; Miranda rights were read after the seizure.
- White moved to suppress, trial court granted suppression; State appeals contending consent was voluntary and detentions were lawful.
- Montgomery County Court of Appeals affirms suppression, holding the post-stop detention unlawful and consent tainted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the post-stop detention supported by reasonable suspicion? | State | White | Detention unlawful; suppression affirmed |
| Was White's consent to search voluntary despite unlawful detention? | State | White | Consent not freely given; suppression affirmed |
Key Cases Cited
- Robinette v. State, 80 Ohio St.3d 234 (Ohio 1997) (continued detention requires articulable suspicion or independent justification)
- Retherford v. Robison, 93 Ohio App.3d 586 (Ohio Ct. App. 2d Dist. 1994) (illegality of continued detention absent articulable suspicion)
- Ferrante v. State, 196 Ohio App.3d 113 (Ohio Ct. App. 2d Dist. 2011) (totality of facts insufficient for reasonable suspicion)
- Schneckloth v. Bustamonte, 412 U.S. 218 (U.S. Supreme Court 1973) (voluntariness of consent depends on totality of circumstances)
- State v. Robinette, State v. Robinette (Ohio 1997) (continued detention must be related to original stop or be justified by suspicion)
- State v. Studley, 2d Dist. Greene No. 2010 CA 81, 2011-Ohio-5563 (Ohio 2011) (totality of circumstances standard for investigative detention)
- Florida v. Royer, 460 U.S. 491 (U.S. Supreme Court 1983) (detention and consent considerations during police stop)
- State v. Robinette, 80 Ohio St.3d 234 (Ohio 1997) (post-stop search must be based on articulable suspicion or independent consent)