State v. Batchili

865 N.E.2d 1282, 113 Ohio St. 3d 403
CourtOhio Supreme Court
DecidedMay 23, 2007
DocketNo. 2005-2420
StatusPublished
Cited by209 cases

This text of 865 N.E.2d 1282 (State v. Batchili) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Batchili, 865 N.E.2d 1282, 113 Ohio St. 3d 403 (Ohio 2007).

Opinions

O’Connor, J.

{¶ 1} In this case, we are called upon to determine whether the Fourth Amendment is violated when a police officer conducting a traffic stop calls for a canine “walk around” while waiting for the results of a criminal background check. We conclude that constitutional protections of the Fourth Amendment were not violated by the police action in this case.

I. Background

{¶ 2} Lacina Batchili was convicted after a jury trial of one count of theft and one count of receiving stolen property. The evidence produced at trial resulted from a traffic stop on the Ohio Turnpike on January 29, 2003. Before trial, Batchili had unsuccessfully moved to dismiss all evidence resulting from the warrantless detention and arrest. Batchili appealed his conviction, arguing in part that the evidence should have been suppressed because it was found during a routine traffic stop that became an unconstitutionally lengthy search and seizure.1

{¶ 3} Ohio State Highway Patrol Trooper Stacey Arnold testified that prior to the stop, she had decided to follow the van that Batchili was driving. After observing Batchili commit a marked-lanes violation, see R.C. 4511.33, she activated her overhead emergency lights to signal Batchili to pull over. He did not do so for two miles.

{¶ 4} Trooper Arnold observed that Batchili’s van had tinted windows and a cargo hold containing boxes in disarray, which were covered with blankets. She asked for and received Batchili’s driver’s license and registration, which indicated that Batchili did not own the vehicle. Batchili gave conflicting answers as to who owned the vehicle, did not make regular eye contact, and had shaking hands. In addition, Trooper Arnold smelled deodorizer in the vehicle.

{¶ 5} Trooper Arnold returned to her cruiser to check the validity of the driver’s license and to determine whether there were any warrants against Batchili. She also called for backup from her partner, Trooper Aejo Romero, whom she asked to conduct a “walk around with the canine” to detect drugs. Trooper Romero arrived, and the dog immediately alerted on the vehicle.

[405]*405{¶ 6} Because of the dog’s response, the troopers conducted a warrantless search of the van, in which they found boxes of pirated videotapes and DVDs, but no drugs. Batchili was then arrested and later indicted on one count of theft, one count of receiving stolen property, one count of trademark counterfeiting, one count of money laundering, and one count of forgery.

{¶ 7} The Sixth District Court of Appeals agreed with Batchili’s argument that the evidence should have been suppressed. State v. Batchili, 6th Dist. No. L-04-1039, 2005-Ohio-6001, 2005 WL 3008917. It held that the state did not present evidence of “specific and articulable facts giving rise to a reasonable suspicion of criminal activity beyond that which prompted the stop.” Id., ¶ 14. As a result, the court held that the search violated the Fourth and Fourteenth Amendments to the United States Constitution and Section 14, Article I of the Ohio Constitution because “[n]one of those factors [that had concerned the state trooper], when considered alone, would be sufficient to support a finding of reasonable suspicion.” (Emphasis added.) Id.

II. Analysis

{¶ 8} The legality of the traffic stop is not disputed. The officers’ suppression-hearing testimony that Batchili was pulled over for a marked-lane violation is uncontroverted and served as the lawful basis for the stop. Dayton v. Erickson (1996), 76 Ohio St.3d 3, 665 N.E.2d 1091, syllabus. The focus of the inquiry, therefore, is whether there was an illegally prolonged detention of Batchili, given the trooper’s observations.

{¶ 9} The Sixth District’s opinion strays from clearly established precedent in three ways. First, it fails to conduct any analysis as to whether the length of the stop was impermissible before the dog arrived at the scene of the stop. Second, it misapplies the “reasonable and articulable suspicion” standard to conclude that the request for the dog was unconstitutional.' Finally, it describes the failure to issue a citation for the marked-lane violation as a troubling factor.

{¶ 10} The Sixth District found merit in Batchili’s assertion that Trooper Arnold did not have sufficient cause to prolong the traffic stop until another trooper responded with the dog and that Batchili’s continued detention for that purpose constituted an illegal seizure. The essential argument is that the arrival of the canine unit took longer than it should have taken Trooper Arnold to write a traffic citation for a marked-lane violation. However, the Sixth District never analyzed whether the length of the stop prior to the dog’s alert was reasonable.

{¶ 11} The Fourth Amendment imposes a reasonableness standard upon the exercise of discretion by government officials. Delaware v. Prouse (1979), 440 U.S. 648, 653-654, 99 S.Ct. 1391, 59 L.Ed.2d 660. “Thus, the permissibility of a particular law enforcement practice is judged by balancing its intrusion on the [406]*406individual’s Fourth Amendment interests against its promotion of legitimate governmental interests.” Id. at 654, 99 S.Ct. 1391, 59 L.Ed.2d 660. To justify a particular intrusion, the officer must demonstrate “specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” Terry v. Ohio (1968), 392 U.S. 1, 21, 88 S.Ct. 1868, 20 L.Ed.2d 889.

{¶ 12} The facts of this case ax*e almost directly aligned with those of the Twelfth District Court of Appeals case State v. Howard, Preble App. Nos. CA2006-02-002 and CA2006-02-003, 2006-Ohio-5656, 2006 WL 3059799, ¶ 15, which held, “[W]hen detaining a motorist for a traffic violation, an officer may delay the motorist for a time period sufficient to issue a ticket or a warning. State v. Keathley (1988), 55 Ohio App.3d 130, 131 [562 N.E.2d 932], This measure includes the period of time sufficient to run a computer check on the driver’s license, registration, and vehicle plates. State v. Bolden, Preble App. No. CA2003-03-007, 2004-Ohio-184 [2004 WL 77617], ¶ 17, citing Delaware v. Prouse (1979), 440 U.S. 648, 659, 99 S.Ct. 1391 [59 L.Ed.2d 660]. ‘In determining if an officer completed these tasks within a reasonable length of time, the court must evaluate the duration of the stop in light of the totality of the circumstances and consider whether the officer diligently conducted the investigation.’ State v. Carlson (1995), 102 Ohio App.3d 585, 598-599 [657 N.E.2d 591], citing State v. Cook (1992), 65 Ohio St.3d 516, 521-522 [605 N.E.2d 70], and U.S. v. Sharpe (1985), 470 U.S. 675, 105 S.Ct. 1568 [84 L.Ed.2d 605].”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Olan
2024 Ohio 1257 (Ohio Court of Appeals, 2024)
State v. Adams
2023 Ohio 4691 (Ohio Court of Appeals, 2023)
State v. Little
2023 Ohio 4098 (Ohio Court of Appeals, 2023)
State v. Lavelle
2023 Ohio 2102 (Ohio Court of Appeals, 2023)
State v. Flack
2023 Ohio 1705 (Ohio Court of Appeals, 2023)
State v. Harris
2023 Ohio 1544 (Ohio Court of Appeals, 2023)
State v. Meyer
2023 Ohio 95 (Ohio Court of Appeals, 2023)
State v. Letts
2020 Ohio 6643 (Ohio Court of Appeals, 2020)
State v. Stanton
2020 Ohio 4087 (Ohio Court of Appeals, 2020)
State v. Casi
2020 Ohio 3063 (Ohio Court of Appeals, 2020)
State v. Elliot
2019 Ohio 4411 (Ohio Court of Appeals, 2019)
State v. Johnson
2019 Ohio 3877 (Ohio Court of Appeals, 2019)
State v. Moiduddin
2019 Ohio 3544 (Ohio Court of Appeals, 2019)
State v. Stocks
2019 Ohio 2944 (Ohio Court of Appeals, 2019)
State v. Hairston (Slip Opinion)
2019 Ohio 1622 (Ohio Supreme Court, 2019)
State v. Luebrecht
2019 Ohio 1277 (Ohio Court of Appeals, 2019)
State v. Berry
2019 Ohio 1254 (Ohio Court of Appeals, 2019)
State v. DeHart
2019 Ohio 1048 (Ohio Court of Appeals, 2019)
State v. Moore
2019 Ohio 648 (Ohio Court of Appeals, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
865 N.E.2d 1282, 113 Ohio St. 3d 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-batchili-ohio-2007.