659 N.E.2d 844 | Ohio Ct. App. | 1995
Lead Opinion
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *418 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *419 Appellant, the state of Ohio, appeals from the trial court's order suppressing evidence of drug trafficking obtained during an investigative stop of the defendant-appellee, Raymond Armstrong. We reverse.
On July 16, 1994, Officers Stevyn Curry and Eric Gonzalez of the Lorain Police Department were patrolling the Leavitt Homes housing project in plain clothes. They were assigned to the department's C.O.P.S. unit, which attempts "to suppress drug activity in the [Leavitt Homes] area because it is notorious for high crime and open drug sales." Around midnight, the officers observed several individuals standing in an unlit area in a "close huddle-style group." The officers moved closer, and they observed "hands moving within [the] tight group." Curry could see the faces of some of the individuals in the group, and he recognized Armstrong as a known drug dealer with prior drug convictions. At this point, the officers suspected a drug sale was in progress. Curry approached the group, identified himself, and separated Armstrong from the group. Curry then conducted a patdown search of Armstrong for weapons.
During the patdown search, Officer Curry felt a large rocky substance in Armstrong's groin. Curry asked, "What is this?" Armstrong responded, "It's my balls. Do you want to see?" Curry stepped back, and a package fell from Armstrong's shorts. Gonzalez picked up the package and performed a field test for narcotics. The substance tested positive for cocaine. The officers arrested Armstrong, and he was charged with one count of aggravated drug trafficking and one count of resisting arrest. Armstrong moved to suppress the cocaine as the product of an illegal search. The trial court granted the motion and the state appeals, claiming in its single assignment of error that "[t]he trial court erred in granting [Armstrong's] motion to suppress when it applied a standard of probable cause." *420
At the end of the suppression hearing, the trial court stated, "The Court heard the evidence involved here and finds that there was no probable cause. Suppression is hereby granted." The trial court did not indicate whether its finding applied to the investigative stop, the patdown search, or both the stop and the search. Without a specific indication from the trial court, we will review the suppression order as if the trial court found no probable cause for both the stop and the search.
As an appellate court, we must accept the trial court's findings of fact if they are supported by competent, credible evidence from the suppression hearing. State v. Williams (1993),
Crim.R. 12(E) provides that "[w]here factual issues are involved in determining a motion, the court shall state its essential findings on the record." Even though factual conclusions are often essential to deciding a motion to suppress, they are not always required; so a lower court's ruling on a motion to suppress may turn exclusively upon questions of law. Since rulings on suppression motions "may involve questions of law rather than decisions on factual issues * * * Crim.R. 12(E) does not always require the court to `state its essential findings on the record' when deciding such a motion." Solon v.Mallion (1983),
In this case, the trial court did not enter any findings other than its determination that there was no probable cause. As a general rule, a reviewing court presumes the trial court properly followed all procedural mandates. Officer Curry's testimony was the only evidence presented at the suppression hearing. Nothing in the record suggests the trial court did not believe that testimony. Furthermore, nothing in the record suggests the trial court needed to make factual conclusions in order to decide Armstrong's motion to suppress. Cf. Akron v.Milewski (1985),
In order to conduct an investigative stop, a law enforcement officer must have a reasonable suspicion, based on specific and articulable facts, that an individual is or has been engaged in criminal activity. Terry v. Ohio (1968),
In State v. Bobo (1988),
In Bobo, the Supreme Court concluded that the totality of the following circumstances supported a finding of reasonable suspicion: the reputation of the area for criminal activity, the officer's experience with drug transactions, the officer's familiarity with the area and how drug transactions occurred there, the officer's perception of the scene, the officer's observation of furtive movements, and the fact that it was night.
After reviewing Officer Curry's testimony, we find that the circumstances in this case are strikingly similar to those inBobo. Curry had been trained as a member of the department's C.O.P.S. drug enforcement unit and had experience recognizing drug transaction characteristics. He was familiar with the high-crime nature of the area he was patrolling and how drug transactions occurred there. Around midnight, Curry and his partner observed several individuals standing in an unlit area in a "close huddle-style group," and the officers witnessed "hands moving within [the] tight group." Curry testified that in this *422 "high drug area," these factors had "led to numerous arrests before by me on similar situations." As Curry moved closer to the group, he recognized Armstrong and knew that Armstrong had prior convictions for drug sales. Viewing the totality of these circumstances as they would be understood by a law enforcement officer trained and experienced in identifying drug transactions, we conclude that Curry had a reasonable suspicion that Armstrong was engaged in drug-related criminal activity.
Despite these specific and articulable facts, Armstrong argues that Curry was acting on an inarticulable hunch. Armstrong points to State v. Rucker (1990),
Having found that the investigative stop was supported by reasonable suspicion, we turn now to the propriety of the patdown. As with the investigative stop, the trial court did not apply the appropriate legal standard when it held that "there was no probable cause" for the patdown search. Accordingly, we shall apply the correct legal standard to the facts and determine if it was reasonable for Officer Curry to conduct a patdown search of Armstrong during the investigative stop.
Under Terry, a law enforcement officer may conduct a limited patdown search for concealed weapons if the officer reasonably believes that "the individual whose suspicious behavior he is investigating at close range is armed and presently dangerous to the officer or others." Terry,
In State v. Evans (1993),
Furthermore, Curry observed additional facts that supported the reasonableness of the patdown search. He described Armstrong's body size as "massive" and elaborated that because "Armstrong is a big guy * * * I couldn't assess [whether he was armed] based on a visual look at him." This court recently recognized that a defendant's "large stature" may reasonably heighten an officer's concern for his safety. State v. Gibson (Dec. 7, 1994), Summit App. No. 16699, unreported, at 6-7, 1994 WL 686848. Given the dangerous nature of this investigative stop, Armstrong's size and stature heightened the need for Curry and his partner to take reasonable precautionary measures.
Curry also testified that Armstrong appeared nervous and agitated and that, based on his knowledge of Armstrong, this was uncharacteristic behavior for him. Viewing this observation through the eyes of a reasonable and prudent police officer who must react to events as they unfold, Armstrong's uncharacteristic behavior could have reasonably led Officer Curry to suspect that Armstrong posed a danger to the officers' safety. Such a suspicion was reasonable since the officers were in the midst of a possible drug sale, a criminal transaction habitually associated with weapons and violence. *424
Having found that the patdown search was lawful, we finally consider whether the officers properly seized the cocaine that fell to the ground from Armstrong's shorts. In conducting aTerry patdown search, an officer may remove an object that the officer reasonably believes is a weapon. Evans,
In this case, there is no evidence in the record that Officer Curry removed the cocaine from Armstrong's shorts. Rather, the cocaine fell to the ground after the patdown search had been completed. Under these circumstances, the plain view doctrine is the controlling legal standard.
An officer's seizure of contraband pursuant to the plain view doctrine will be affirmed if (1) the officer's initial intrusion leading to discovery of the contraband was lawful, (2) the incriminating nature of the contraband was immediately apparent, and (3) the officer had a lawful right of access to the location of the contraband. Cincinnati v. Langan (1994),
The state's assignment of error is sustained. The trial court's order granting Armstrong's motion to suppress is reversed, and the cause is remanded for further proceedings.
Judgment reversed and cause remanded.
SLABY, J., concurs.
BAIRD, P.J., concurs in part. *425
Concurrence Opinion
Since it appears evident that the trial court applied an erroneous legal standard, I would reverse and remand the cause for application by the trial court of the correct legal standard.