2021 Ohio 719
Ohio Ct. App.2021Background
- Patrolman stopped Brandon Zepernick's vehicle for failing to signal; he was the driver and a passenger was present.
- Officers observed a knife holster on Zepernick after he exited the vehicle; a pat-down for weapons followed.
- Canine alerted to narcotics in the vehicle; a subsequent vehicle search found no drugs.
- Zepernick admitted the knife was wedged between the seat and console; officers recovered a fixed six-inch blade and arrested him for carrying a concealed weapon (CCW).
- During a search incident to that lawful arrest, officers lifted Zepernick's pant leg and found a blue straw in his boot containing white residue that later tested positive for methamphetamine.
- Zepernick moved to suppress the straw evidence (arguing the search exceeded lawful scope and relied on State v. Chapman); the trial court denied suppression and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of search incident to arrest | Search incident to a lawful arrest allows a full search of person and personal effects; finding the straw was permissible | Search was limited to weapons because arrest was for CCW; prior pat-down removed need/authority for further search | Search was valid; full search incident to lawful arrest may include containers on person and revealed straw |
| Applicability of State v. Chapman | Chapman is distinguishable because Chapman involved a noncustodial search (no arrest) and the shoe search there was not incident to arrest | Chapman controls and forbids searching shoes/boots absent probable cause beyond a canine alert/pat-down | Chapman is inapplicable; here Zepernick was lawfully arrested, so Chapman’s reasoning does not bar a search incident to arrest |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable suspicion and scope of investigative stops)
- Katz v. United States, 389 U.S. 347 (U.S. 1967) (searches under Fourth Amendment are presumptively unreasonable without exception)
- Florida v. Jimeno, 500 U.S. 248 (U.S. 1991) (reasonableness is the touchstone of Fourth Amendment analysis)
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits on vehicle searches incident to arrest and discussion of warrantless search exceptions)
- United States v. Robinson, 414 U.S. 218 (U.S. 1973) (search incident to lawful arrest includes personal effects and closed containers)
- State v. Leak, 145 Ohio St.3d 165 (Ohio 2016) (warrantless searches presumptively unreasonable; totality of circumstances analysis)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard of appellate review for suppression hearings)
- State v. Perez, 124 Ohio St.3d 122 (Ohio 2009) (probable cause test for warrantless arrests)
- State v. Adams, 144 Ohio St.3d 429 (Ohio 2015) (rationales for search-incident-to-arrest exception)
- State v. Smith, 124 Ohio St.3d 163 (Ohio 2009) (search incident to arrest may extend to personal effects)