State v. Culberson

2012 Ohio 448, 968 N.E.2d 597, 197 Ohio App. 3d 705
CourtOhio Court of Appeals
DecidedFebruary 3, 2012
Docket2011AP030016
StatusPublished
Cited by6 cases

This text of 2012 Ohio 448 (State v. Culberson) 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. Culberson, 2012 Ohio 448, 968 N.E.2d 597, 197 Ohio App. 3d 705 (Ohio Ct. App. 2012).

Opinions

Gwin, Presiding Judge.

{¶ 1} Appellant, the state of Ohio, appeals a judgment of the Tuscarawas County Common Pleas Court granting appellee’s, Teddy L. Culberson’s, motion to suppress.

STATEMENT OF THE FACTS AND CASE

{¶ 2} On May 17, 2010, Lt. Nakia Hendrix of the Ohio State Highway Patrol was traveling south on Interstate 77 through Tuscarawas County at 3:56 a.m. on his way to work at the Cambridge Post of the highway patrol. Hendrix was traveling 55 m.p.h. when he passed appellee’s vehicle. He noticed that the vehicle had a West Virginia license plate that was canted because it was affixed by only one screw in the upper corner. Hendrix slowed down to 30 m.p.h. until appellee passed him. He then initiated a traffic stop for having an insecure license plate.

{¶ 3} After stopping the vehicle, Hendrix discovered that appellee did not have a driver’s license and the vehicle did not belong to appellee. After an unsuccessful attempt to contact the owner of the vehicle, Hendrix arranged to have it towed. While conducting an administrative inventory of the vehicle prior to the arrival of the tow truck, Hendrix located contraband in the trunk.

{¶ 4} Appellee was indicted by a Tuscarawas County grand jury for possession of drugs in violation of R.C. 2925.11(A)(C)(3)(d), namely marijuana in an amount exceeding 1,000 grams but less than 5,000 grams. On December 10, 2010, [707]*707appellee filed a motion to suppress on the basis that Hendrix had lacked a reasonable suspicion of criminal activity to stop the vehicle.

{¶ 5} The trial court held an evidentiary hearing on March 22, 2011. Following this hearing, the court granted the motion to suppress, finding:

{¶ 6} “[T]he phrase in the statute ‘all license plates shall be securely fastened so as not to swing * * * ’ in the opinion of the undersigned, means, in the negative, that if a license plate is not swinging then it is sufficiently secure to satisfy the statutory mandate until it does actually commence swinging. Thus, again in the opinion of the undersigned, a law enforcement officer in Ohio does not have sufficient, legal probable cause to effect a traffic stop of a motor vehicle whose license plate(s) is/are securely fastened, to the extent that the plate(s) is/are not in the actual act of ‘swinging.’ In other words, any license plate not actually swinging is, as a matter of law, ‘securely fastened.’ ” (Emphasis sic.)

{¶ 7} The state assigns a single error on appeal:

{¶ 8} “The trial court erred in granting the appellee’s motion to suppress as reasonable suspicion existed for the traffic stop at issue.”

I

{¶ 9} Appellate review of a motion to suppress presents a mixed question of law and fact. State v. Burnside, 100 Ohio St.3d 152, 2003-Ohio-5372, 797 N.E.2d 71, ¶ 8. When ruling on a motion to suppress, the trial court assumes the role of trier of fact and is in the best position to resolve questions of fact and to evaluate witness credibility. See State v. Dunlap, 73 Ohio St.3d 308, 314, 652 N.E.2d 988 (1995); State v. Fanning, 1 Ohio St.3d 19, 20, 437 N.E.2d 583 (1982). Accordingly, a reviewing court must defer to the trial court’s factual findings if competent, credible evidence exists to support those findings. See Burnside; Dunlap; State v. Long, 127 Ohio App.3d 328, 332, 713 N.E.2d 1 (4th Dist.1998); State v. Medcalf, 111 Ohio App.3d 142, 675 N.E.2d 1268 (4th Dist.1996). However, once this court has accepted those facts as true, it must independently determine as a matter of law whether the trial court met the applicable legal standard. See Burnside, citing State v. McNamara, 124 Ohio App.3d 706, 707 N.E.2d 539 (4th Dist.1997); See generally United States v. Arvizu, 534 U.S. 266, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002); Ornelas v. United States, 517 U.S. 690, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). That is, the application of the law to the trial court’s findings of fact is subject to a de novo standard of review. Ornelas. Moreover, due weight should be given “to inferences drawn from those facts by resident judges and local law enforcement officers.” Ornelas at 698.

{¶ 10} A court of appeals has jurisdiction to entertain the state’s appeal from a trial court’s decision to suppress evidence only when the state has [708]*708complied with Crim.R. 12(K). State v. Perez, Hamilton App. Nos. C-040363, C-040364, and C-040365, 2005-Ohio-1326, 2005 WL 678947, ¶ 12, citing State v. Buckingham, 62 Ohio St.2d 14, 402 N.E.2d 536 (1980), syllabus (interpreting former Crim.R. 12(J)).

{¶ 11} Crim.R. 12(K) states:

{¶ 12} “When the state takes an appeal as provided by law from an order suppressing or excluding * * * evidence, the prosecuting attorney shall certify that both of the following apply:
{¶ 13} “(1) the appeal is not taken for the purpose of delay;
{¶ 14} “(2) the ruling on the motion or motions has rendered the state’s proof with respect to the pending charge so weak in its entirety that any reasonable possibility of effective prosecution has been destroyed.
{¶ 15} “The appeal from an order suppressing or excluding evidence shall not be allowed unless the notice of appeal and the certification by the prosecuting attorney are filed with the clerk of the trial court within seven days after the date of the entry of the judgment or order granting the motion.”

{¶ 16} In the case at bar, a certifying statement by the prosecutor as outlined in Crim.R. 12(K) was filed in this court on March 29, 2011.

{¶ 17} The Ohio Supreme Court has emphasized that probable cause is not required to make a traffic stop; rather, the standard is reasonable and articulable suspicion. State v. Mays, 119 Ohio St.3d 406, 2008-Ohio-4539, 894 N.E.2d 1204, ¶ 23. Further, neither the United States Supreme Court nor the Ohio Supreme Court considered the severity of the offense as a factor in determining whether the law-enforcement official had a reasonable, articulable suspicion to stop a motorist.

{¶ 18} Hendrix stopped appellee’s vehicle for violating R.C. 4503.21(A), which provides:

{¶ 19} “No person who is the owner or operator of a motor vehicle shall fail to display in plain view on the front and rear of the motor vehicle the distinctive number and registration mark, including any county identification sticker and any validation sticker issued under sections 4503.19 and 4503.191 of the Revised Code, furnished by the director of public safety * * *.

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Bluebook (online)
2012 Ohio 448, 968 N.E.2d 597, 197 Ohio App. 3d 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-culberson-ohioctapp-2012.