Westlake v. Gordon, 2014 Ohio 3031

On Feb. 6, 2013 Westlake Officer Bullins, in uniform in a city cruiser, stopped Gordon for driving the wrong way on a one‑way street; a 15‑year‑old passenger (M.H.) in the backseat made furtive movements.
Bullins removed the passenger and asked what he was doing; M.H. said he had stuffed a bag under the seat and voluntarily produced the bag when asked.
Bullins recognized the item as a booster bag (a tool used to defeat store sensors) and called for another unit to conduct a probable‑cause search of the vehicle.
During the search officers found a pry bar, screwdriver, clothing, a second booster bag, and drugs in Gordon’s purse; Gordon later admitted ownership of a booster bag.
The municipal court granted Gordon’s motion to suppress, finding insufficient probable cause; the city appealed. The appellate court reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officer had probable cause to search vehicle after passenger produced a booster bag	The booster bag, voluntarily handed over and recognized as a shoplifting tool, supplied probable cause to search the car for contraband	Furtive movement and an empty booster bag do not supply reasonable suspicion/probable cause; removal and search were unreasonable	Reversed: voluntary relinquishment of a known criminal tool plus furtive movement provided probable cause to justify the warrantless vehicle search
Whether passenger removal and questioning were lawful	Police may order passenger out during a lawful traffic stop and ask questions; passenger was free to refuse, so his voluntary handing over of the bag is admissible	Removal and questioning of a juvenile lacked specific, articulable suspicion; officer had no basis to compel production or escalate the stop	Reversed: ordering passenger out was permissible (Mimms/Wilson); the bag was voluntarily produced and relied on for probable cause

State v. Kessler, 53 Ohio St.2d 204 (recognizing circumstances when limited warrantless automobile search is permissible)
Carroll v. United States, 267 U.S. 132 (automobile exception to the warrant requirement)
Coolidge v. New Hampshire, 403 U.S. 443 (warrantless searches are per se unreasonable except for established exceptions)
Pennsylvania v. Mimms, 434 U.S. 106 (officers may order drivers out of vehicles during lawful traffic stops)
Maryland v. Wilson, 519 U.S. 408 (officers may order passengers out of vehicles during lawful traffic stops)
State v. Burnside, 100 Ohio St.3d 152 (standards for appellate review of suppression rulings)
State v. Smith, 124 Ohio St.3d 163 (warrantless searches are unreasonable unless an exception applies)