State v. White
2018 Ohio 18
| Ohio Ct. App. | 2018Background
- Washington County narcotics task force surveilled a residence tied to Welch, leading to a controlled heroin purchase and a search warrant for Welch's house.
- Welch implicated Dunn and Tony/Grizz as Dunn's supplier; Welch provided details about drugs, crack, and weapons in a black SUV.
- Police observed Tony/Grizz driving a matching SUV; subsequent observations linked to drug activity prompted stop of White (Tony/Grizz).
- White, later identified, was stopped and searched; narcotics and cash were found, yielding multiple charges in Case No. 16CR67.
- During a separate traffic stop in Case No. 16CR135, a canine sniff occurred while White’s stop was underway, leading to a narcotics seizure.
- White filed suppression motions; the trial court denied them, and White pled no contest to the F-2 and F-3 heroin-trafficking counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the 16CR67 stop lawful? | State argues reasonable suspicion supported the stop. | White contends lack of lawful basis for the stop. | Stop justified; denial of suppression affirmed. |
| Was counsel ineffective for not moving to suppress pat-down evidence? | State contends no basis to suppress; pat-down not clearly suppressible. | White asserts ineffective assistance for omitting suppression on pat-down. | No ineffectiveness; failure to suppress not reasonably probable to succeed. |
| Did the trial court err by limiting argument on pat-down evidence in 16CR67? | State argues waiver since the written motion challenged only the stop. | White seeks broader suppression argument for pat-down. | Argument properly limited; waived by written motion. |
| Did the canine sniff during the 16CR135 stop unlawfully extend the traffic stop? | State maintains sniff occurred within the lawful stop duration. | White claims Rodriguez limits dog-sniff extension. | Sniff conducted before completion of the initial stop; not unlawful extension. |
Key Cases Cited
- Rodriguez v. United States, 575 U.S. 347 (2015) (cannot prolong a lawful stop for a dog sniff absent reasonable suspicion)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality of the circumstances informs reasonable suspicion)
- United States v. Place, 462 U.S. 696 (1983) (canine sniff outside a search is not a search)
- Terry v. Ohio, 392 U.S. 1 (1968) (standard for reasonable suspicion justifying investigative stops)