State v. Woods
2012 Ohio 5509
Ohio Ct. App.2012Background
- Officers observed Woods’ Lincoln pacing above the 25 mph limit on Adams Ave and stopped him near 9601 Adams after following for about two blocks.
- Woods was alone in the vehicle; he exited when asked and a pat-down revealed a large bag of suspected marijuana inside his pant leg.
- Following Woods’ arrest, Kopchak conducted an inventory search of the Lincoln in preparation for towing; marijuana was found in a backpack in the trunk and odor persisted in the vehicle.
- The trial court granted Woods’ suppression motion, suppressing marijuana found on Woods and in the vehicle, and criticized the stop as illegal and pretextual.
- The State appealed, arguing the stop was valid under pacing and that the odor justified a pat-down and subsequent searches; the appellate court affirmed the suppression ruling on review of the totality of circumstances under Jenney and related precedents.
- The appellate court held the officers lacked probable cause for the stop and that the searches were not valid inventory or tow-related searches, resulting in suppression of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop for speeding supported by reasonable suspicion? | Woods | Woods | Stop invalid; suppression affirmed |
| Was the pat-down justified by the odor of marijuana and the stop’s validity? | Woods | Woods | Pat-down and search invalid absent valid stop; suppression affirmed |
| Were the inventory/search of the vehicle and tow-related actions lawful? | State | Woods | Searches not properly tied to tow; suppression affirmed |
Key Cases Cited
- State v. Jenney, 126 Ohio St.3d 5 (Ohio Supreme Court, 2010) (visual-speed estimation requires training and certification to sustain speed convictions)
- State v. Andrews, 57 Ohio St.3d 86 (Ohio Supreme Court, 1991) (due weight to officer experience in totality of circumstances)
- Bevan, 80 Ohio App.3d 126 (Ohio App.3d (11th Dist.), 1992) (police fishing expeditions and pretextual searches discouraged)
- State v. Mills, 62 Ohio St.3d 357 (Ohio Supreme Court, 1992) (trial court credibility determinations are reviewed for sufficiency of evidence)
- State v. Fanning, 1 Ohio St.3d 19 (Ohio Supreme Court, 1982) (standard of review for suppression rulings)