State v. Armstrong

659 N.E.2d 844, 103 Ohio App. 3d 416, 1995 Ohio App. LEXIS 2035
CourtOhio Court of Appeals
DecidedMay 10, 1995
DocketNo. 94CA005992.
StatusPublished
Cited by24 cases

This text of 659 N.E.2d 844 (State v. Armstrong) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Armstrong, 659 N.E.2d 844, 103 Ohio App. 3d 416, 1995 Ohio App. LEXIS 2035 (Ohio Ct. App. 1995).

Opinions

Reece, Judge.

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), 86 Ohio App.3d 37, 41, 619 N.E.2d 1141, 1143-1144. However, after accepting the trial court’s findings of fact, we must independently determine as a matter of law whether the trial court applied the appropriate legal standard to those facts and whether the trial court arrived at the proper legal conclusion. Id.

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), 10 Ohio App.3d 130, 132, 10 OBR 156, 158, 460 N.E.2d 729, 732.

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), 21 Ohio App.3d 140, 141, 21 OBR 149, 150-151, 487 N.E.2d 582, 583-584. In light of the foregoing record, we presume the trial court properly followed the procedural mandate of Crim.R. 12(E) and did not enter any factual findings on the record because it resolved the suppression motion exclusively upon questions of law. Thus, in the absence of an indication to the contrary, we conclude that the trial court found Officer Curry’s version of the facts to be true. Accepting those facts as true, we must independently determine as a matter of law whether the trial court applied the appropriate legal standard *421 to those facts and whether the trial court arrived at the proper legal conclusion. We begin with the investigative stop.

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), 392 U.S. 1, 19-24, 88 S.Ct. 1868, 1879-1881, 20 L.Ed.2d 889, 905-907. As defined in Terry and its progeny, a reasonable suspicion is something less than probable cause. State v. VanScoder (1994), 92 Ohio App.3d 853, 855, 637 N.E.2d 374, 375-376. The trial court found that there was no probable cause for the investigative stop. Since this is the only statement in the record of the trial court’s reasoning, we must conclude that the trial court did not apply the appropriate legal standard. Consequently, we shall review the facts from the suppression hearing under the appropriate legal standard to determine whether Officer Curry had a reasonable suspicion that Armstrong was engaged in criminal activity.

In State v. Bobo (1988), 37 Ohio St.3d 177, 524 N.E.2d 489, paragraph one of the syllabus, the Ohio Supreme Court stated that “[t]he propriety of an investigative stop by a police officer must be viewed in light of the totality of the surrounding circumstances.” The court reiterated this standard in State v. Andrews (1991), 57 Ohio St.3d 86, 87-88, 565 N.E.2d 1271, 1272-1274, emphasizing that the surrounding circumstances are to be evaluated “through the eyes of the reasonable and prudent police officer on the scene who must react to events as they unfold.” In this regard, a reviewing court “must give due weight to the [officer’s] experience and training and view the evidence as it would be understood by those in law enforcement.” Id. at 88, 565 N.E.2d at 1273.

In Bobo,

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Bluebook (online)
659 N.E.2d 844, 103 Ohio App. 3d 416, 1995 Ohio App. LEXIS 2035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-armstrong-ohioctapp-1995.