State v. Wynn
2011 Ohio 1832
Ohio Ct. App.2011Background
- Wynn was arrested on September 21, 2009 after fleeing from police and discarding a plastic baggie containing heroin.
- The baggie formed the basis of Wynn’s convictions for possession and trafficking in heroin in Case No. 2009CR3146 after his no contest pleas.
- Wynn filed a joint motion to suppress evidence in Case Nos. 2009CR218 and 2009CR3146; the suppression issue centered on the January 20, 2009 jail search and the stop in September 2009.
- The trial court overruled Wynn’s suppression motion, finding implied support for detention based on observed drug activity and independently relying on abandonment of property for suppression issues.
- On appeal, Wynn argues the stop was unlawful and the discarded baggie was suppressed as fruit of the poisonous tree; the court ultimately affirms suppression-related rulings against Wynn.
- The appellate court held that abandonment of property during flight removes Fourth Amendment privacy interests, and applied Hodari D. to distinguish seized from discarded contraband, sustaining the trial court’s rulings and affirming Wynn’s convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suppression was proper after unlawful detention ended | Wynn | Wynn | Overruled; abandonment/stop rationale upheld |
| Whether the stop was supported by reasonable suspicion or merely speculative | Wynn | Wynn | Overruled; reasonable suspicion sustained the stop |
Key Cases Cited
- California v. Hodari D., 499 U.S. 621 (U.S. 1991) (discarded contraband not fruit of seizure when not seized during pursuit)
- Hester v. United States, 265 U.S. 57 (U.S. 1924) (open fields doctrine; abandonment ends privacy interest)
- Rawlings v. Kentucky, 448 U.S. 98 (U.S. 1980) (abandonment of property removes Fourth Amendment protection)