State v. White
2011 Ohio 6748
Ohio Ct. App.2011Background
- Marvin White, a passenger in a vehicle stopped on SR 2 in Amherst, Ohio, was arrested based on prior warrants identified for him.
- Officer McCoy stopped the vehicle after a dispatcher said the owner lacked a valid license; White was cited for a seatbelt and identified.
- A computer check revealed two active warrants for White; back-up officers arrived and White was arrested outside the vehicle.
- A search of White revealed bags of a rocky substance believed to be crack cocaine; a subsequent search of the car uncovered a loaded gun under the front passenger seat.
- White moved to suppress the drugs and gun as the fruit of an illegal stop; the trial court partly granted and partly denied suppression.
- On appeal, the State contends the trial court erred in finding White lacked standing; the court reverses on that point and remands for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether White had standing to challenge the car search | White lacked legitimate privacy in the vehicle as a passenger | White possessed a privacy interest as a passenger and could challenge the search | White lacked standing; sustained the State's assignment of error on standing |
Key Cases Cited
- State v. Carter, 69 Ohio St.3d 57 (1994) (drivers and passengers may challenge a traffic stop; privacy interests depend on standing at search)
- Brendlin v. California, 551 U.S. 249 (2007) (passengers' privacy rights in a stop depend on their own Fourth Amendment interests)
- Rakas v. Illinois, 439 U.S. 128 (1978) (ownership of privacy interest required for Fourth Amendment challenge)
- State v. Redding, 2010-Ohio-4286 (9th Dist.) (analysis of standing for a vehicle search by a passenger)
- United States v. Jacobsen, 466 U.S. 109 (1984) (reasonableness of privacy expectations in evaluating searches)
- Rawlings v. Kentucky, 448 U.S. 105 (1980) (considerations of privacy expectations in determining standing)
- State v. Carter, 69 Ohio St.3d 57 (1994) (see above (duplicate entry kept for citation completeness))
- State v. Dennis, 79 Ohio St.3d 421 (1997) (personal Fourth Amendment rights; vicarious liability doctrine)