2022 Ohio 2182
Ohio Ct. App.2022Background
- On May 22, 2020, Lyle C. White was a front-seat passenger in a vehicle stopped by officers who knew the driver had an outstanding warrant; the traffic stop was undisputedly lawful.
- Deputy Semler approached the passenger side as White began to exit, asked whether White had drugs, and observed White nod and reach toward his hoodie pocket.
- Semler asked White not to reach into the pocket, then reached into the pouch and removed a hard sunglasses case; White allegedly confirmed there were narcotics in it.
- Sergeant Cooper found additional containers (a snus can and a cigarette packet) in the vehicle; testing later showed over 20 grams of methamphetamine total.
- White’s trial counsel did not file a motion to suppress; after a jury trial White was convicted of aggravated possession of drugs (second-degree felony) and sentenced to 5–7.5 years plus fines and postrelease control.
- On appeal White claimed ineffective assistance of counsel for failing to move to suppress, arguing the contact/question by Semler was an investigatory (Terry) stop requiring reasonable suspicion.
Issues
| Issue | White's Argument | State's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to file a motion to suppress evidence recovered after Semler contacted White | Semler’s approach and question transformed a lawful traffic stop into an investigatory Terry stop; suppression would likely have succeeded | Contact/question were lawful during a traffic stop (officer could order passenger out and ask questions without extending the stop); filing a suppression motion would have been futile | Court held counsel was not ineffective: no viable basis to suppress; approach/question lawful under precedent, so failing to move to suppress was reasonable |
Key Cases Cited
- Maryland v. Wilson, 519 U.S. 408 (1997) (officer may order passengers out of a stopped vehicle)
- Arizona v. Johnson, 555 U.S. 323 (2009) (officer may ask questions unrelated to the stop so long as they do not measurably extend its duration)
- State v. Brown, 115 Ohio St.3d 55 (2007) (failure to file a suppression motion constitutes ineffective assistance only if the motion would have succeeded)