State v. Dozier

933 N.E.2d 1160, 187 Ohio App. 3d 804
CourtOhio Court of Appeals
DecidedJune 25, 2010
DocketNo. 23841
StatusPublished
Cited by6 cases

This text of 933 N.E.2d 1160 (State v. Dozier) 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. Dozier, 933 N.E.2d 1160, 187 Ohio App. 3d 804 (Ohio Ct. App. 2010).

Opinion

Froelich, Judge.

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals from a trial court order suppressing evidence seized from defendant-appellee, Ryan Dozier. For the following reasons, the judgment of the trial court will be affirmed.

I

{¶ 2} Early on the evening of October 18, 2009, Dayton Police Officer Savage and his partner, Officer Lynott, saw a Jeep Cherokee with a defective muffler and a cracked taillight. The officers decided to stop the Jeep and activated their overhead lights as the driver, Ryan Dozier, pulled into a parking lot. Dozier parked, and his passenger exited the Jeep. While Officer Lynott talked to the passenger, Officer Savage asked Dozier for his driver’s license. Dozier did not have his license or any other form of identification with him.

{¶ 3} Officer Savage explained why he had stopped Dozier and escorted him to the cruiser in order to ascertain his identity and the status of his driving privileges. Officer Savage did not ask Dozier for identifying information prior to placing him in the cruiser. He explained that it is his usual practice, when he encounters someone driving who is unable to produce a license, to place that person in his cruiser until he ascertains their identity and driving status. Prior to placing Dozier in the cruiser, Officer Savage patted him down for weapons, as the officer routinely does with any person he places in his cruiser. He felt what he immediately recognized as several hypodermic needles in Dozier’s right front pants pocket. He removed the items and saw that the needles contained a brown residue, which Officer Savage believed was heroin residue. Officer Savage placed Dozier under arrest for possession of drug-abuse instruments. Officer Savage then conducted a search incident to arrest and found heroin in Dozier’s left front pants pocket.

[807]*807{¶ 4} Dozier was indicted on one count of possession of heroin and one count of possession of drug-abuse instruments. He filed a motion to suppress, which the trial court granted. The state appeals.

II

{¶ 5} The state’s sole assignment of error:

{¶ 6} “The trial court erred when it suppressed the evidence in this case because the officer had a legitimate reason for placing Dozier in his cruiser, and was therefore permitted to conduct a limited pat-down for weapons to ensure his safety inside the cruiser.”

{¶ 7} The state argues that the trial court erred in suppressing the evidence against Dozier. The state’s argument is, in effect, that once an officer orders a traffic offender out of his vehicle and decides for any reason to place the offender in a cruiser, the officer is justified, as a matter of routine, in patting the offender down for weapons. However, Fourth Amendment protections cannot be “whittled away” by routine police practices. State v. Lozada (2001), 92 Ohio St.3d 74, 77, 748 N.E.2d 520. The routine practice of putting every traffic offender who is not carrying his driver’s license in a police cruiser, and patting him down prior to doing so, “ ‘would completely dispense with the rule in Terry [v. Ohio (1968), 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889].’ ” Id. at 76, 748 N.E.2d 520, quoting O’Hara v. State (Tex.Crim.App.2000), 27 S.W.3d 548, 553. We conclude that although a police officer may ask a traffic offender who is not carrying his driver’s license to sit in a police cruiser while the officer verifies his identity, the mere placement in the cruiser is insufficient to justify a patdown of the traffic offender for weapons.

{¶ 8} It is well established that even without suspicion of criminal activity, a police officer may order a motorist who is stopped for a traffic violation to get out of his car. State v. Evans (1993), 67 Ohio St.3d 405, 407, 618 N.E.2d 162, citing Pennsylvania v. Mimms (1977), 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331. However, a Mimms order does not automatically allow an officer to pat the driver down for weapons. Id. at 409, 618 N.E.2d 162. Nor does the act of placing a motorist in a police cruiser automatically justify a patdown. Instead, we must consider whether, based on the totality of the circumstances, the officer had a reasonable, objective basis to believe that the motorist was armed and dangerous before patting him down for weapons in anticipation of placing him in the cruiser. Id., citing State v. Andrews (1991), 57 Ohio St.3d 86, 565 N.E.2d 1271. See also Terry.

{¶ 9} “The placement of a driver in a patrol car during a routine traffic stop may be constitutionally permissible. [State v. Carlson (1995), 102 Ohio App.3d 585, 657 N.E.2d 591]. However, that alone is not a legitimate justification to [808]*808subject the driver to a pat-down search for weapons. While the intrusion of asking a driver to sit in a patrol car to facilitate a traffic stop may be relatively minimal, the level of intrusion on the driver dramatically increases when the driver is subject to a pat-down search for weapons before entering the patrol car. To subject a driver to such an intrusion, when the underlying reason for placing him or her in the patrol car is mere convenience, would effectively eviscerate the Terry standard without justification.” (Emphasis sic.) Lozada, 92 Ohio St.3d at 76, 748 N.E.2d 520. See also State v. Armstrong, Montgomery App. No. 19512, 2003-Ohio-1054, 2003 WL 865313.

{¶ 10} Nevertheless, “[t]he driver of a motor vehicle may be subjected to a brief pat-down search for weapons where the detaining officer has a lawful reason to detain said driver in a patrol car.” (Emphasis added.) Evans, 67 Ohio St.3d 405, 618 N.E.2d 162, at paragraph one of the syllabus. In regard to what constitutes a lawful reason to detain a driver in a patrol car, the Ohio Supreme Court explained that “[djuring a routine traffic stop, it is reasonable for an officer to search the driver for weapons before placing the driver in a patrol car, if placing the driver in the patrol car during the investigation prevents officers or the driver from being subjected to a dangerous condition and placing the driver in the patrol car is the least intrusive means to avoid the dangerous condition.” Lozada at paragraph one of the syllabus. However, “it is unreasonable for an officer to search the driver for weapons before placing him or her in a patrol car, if the sole reason for placing the driver in a patrol car during the investigation is for the convenience of the officer.” Id. at paragraph two of the syllabus.

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Cite This Page — Counsel Stack

Bluebook (online)
933 N.E.2d 1160, 187 Ohio App. 3d 804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dozier-ohioctapp-2010.