State v. Halczyszak

496 N.E.2d 925, 25 Ohio St. 3d 301, 25 Ohio B. 360, 1986 Ohio LEXIS 733
CourtOhio Supreme Court
DecidedAugust 13, 1986
DocketNo. 85-538
StatusPublished
Cited by136 cases

This text of 496 N.E.2d 925 (State v. Halczyszak) 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. Halczyszak, 496 N.E.2d 925, 25 Ohio St. 3d 301, 25 Ohio B. 360, 1986 Ohio LEXIS 733 (Ohio 1986).

Opinions

Holmes, J.

This case concerns the applicability of the plain view doctrine to the seizure of property not described in the search warrant. For the following reasons, we hold that the search inside the building does not offend the Fourth Amendment to the United States Constitution.

The Fourth Amendment provides that:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated and no warrants shall issue, but upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Thus, general and exploratory searches are prohibited as an evidence gathering tool. Boyd v. United States (1886), 116 U.S. 616; Marron v. United States (1927), 275 U.S. 192. Both state and federal courts are empowered, indeed required, to exclude evidence obtained by means of searches found violative of the Fourth Amendment. Weeks v. United States (1914), 232 U.S. 383, made applicable to states in Mapp v. Ohio (1961), 367 U.S. 643 [16 O.O.2d 384].

[303]*303It has been said that “searches conducted outside the judicial process, without prior approval by a judge or magistrate, are per se unreasonable under the Fourth Amendment — subject only to a few specifically established and well-delineated exceptions.” Katz v. United States (1967), 389 U.S. 347, 357. One exception to the warrant requirement is the “plain view” doctrine, first expressly established in Coolidge v. New Hampshire (1971), 403 U.S. 443. In essence, the plain view doctrine allows police officers, under particular circumstances, to seize an “article of incriminating character” which is not described in their search warrant. The doctrine “is grounded on the proposition that once police are lawfully in a position to observe an item first-hand, its owner’s privacy interest in that item is lost * * *.” Illinois v. Andreas (1983), 463 U.S. 765, 771.

The particular circumstances under which objects of incriminating character could be seized pursuant to the plain view theory were defined in Coolidge by means of a three-part analysis. First, the initial intrusion that brought the police into a position to view the object must have been legitimate. Second, the police, must have inadvertently discovered the object. Third, the incriminating Aature of the object must have been immediately apparent. If the.Coolidge requirements are complied with, then police need not obtain ah-additional warrant before they seize the objects observed. The three-prohg;' analysis was subsequently adopted by the vast majority of jurisdictions, mdludihg Ohio in State v. Williams, supra (55 Ohio St. 2d 82 [9 O.O.3d 81]). It is therefore the appropriate standard to be applied to the facts of thétcase sub 'judice.

Because there is no dispute'here as to the validity of either the search warrant or the initial police- intrusion which allowed police within sight of the seized objects, we begin our analysis by examining the “inadvertent discovery” facet of the plain view doctrine. The requirement that evidence may be seized only if discovered inadvertently was intended to guard against planned, warrantless seizures. As stated in Coolidge, supra, at 471, when police “know in advance [what] they will find in plain view and intend to seize,” they must either include such objects in the initial warrant or obtain an additional warrant. They may not plan an arrest or use a limited warrant for the mere purpose of “maneuvering themselves within plain view of the object they want.” Id. at 470, fn. 26. Otherwise, the exception would swallow up the general rule and circumvent the warrant requirement. Although the lower federal courts have differed on the subject,1 the emergent test for inadvertent discovery became whether the [304]*304police had antecedent probable cause to include the object seized in the warrant’s description. Texas v. Brown (1983), 460 U.S. 730.

Appellees assert that the police planned to enter the premises with a limited warrant for the purpose of conducting a general, warrantless search. This the state denies, but it seems to be admitted that the police strongly suspected the premises to be a “chop shop” prior to the search. They seemingly had indicated as much in their affidavit for a search warrant by inclusion of the phrase “due to a prior investigation.” However, a “generalized expectation” that other stolen property might be present on the named premises is far less than a belief that particular property will be discovered. Texas v. Brown, supra, at 744. Appellees presented some evidence relative to the number of tow trucks ordered by the police to infer that the police had a prior intent to seize more than the one vehicle named in the search warrant. However, the official log of tow truck orders admitted into evidence is fully consistent with police testimony that each tow truck was ordered only after an object was determined to be seizable. There was no other evidence which would tend to show that the police knew of any particular incriminating objects other than the vehicle described in the warrant.

Since the police had neither prior, particularized knowledge of the objects ultimately seized, nor prior intent to seize anything other than the object described in the search warrant, it may reasonably be concluded that the police lacked the antecedent probable cause to have justified their inclusion of the additional objects in the search warrant. This satisfies the inadvertent discovery requirement of the plain view doctrine.

Pursuant to Coolidge, objects may not be seized under the plain view doctrine unless “it is immediately apparent to the police that they have evidence before them.” Id. at 466. By way of contrast, in cases following Coolidge, a probable cause belief became the measure of whether an object’s illegal character was immediately apparent.2 Furthermore, the most recent case discussing the point, Texas v. Brown, supra, expressly rejected the requirement that the investigating officer know with “near certainty” that the object seized was evidence. That court instead applied the rule set forth in Payton v. New York (1980), 445 U.S. 573, 587, that “ ‘[t]he seizure of property in plain view involves no invasion of privacy and is presumptively reasonable, assuming that there is probable cause to associate the property with, criminal activity’ ” (emphasis sic), Texas v. Brown, supra, at 741-742. Such association may arise from the character [305]

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Bluebook (online)
496 N.E.2d 925, 25 Ohio St. 3d 301, 25 Ohio B. 360, 1986 Ohio LEXIS 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-halczyszak-ohio-1986.