State v. Jones

936 N.E.2d 529, 188 Ohio App. 3d 628
Ohio Court of Appeals·Decided June 22, 2010·No. No. 09AP-1053·Published·Cited by 65 cases

Opinion

Bryant, Judge.

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals from a judgment of the Franklin County Municipal Court granting the motion of defendant-appellee, Thomas E. Jones, to suppress evidence. The state assigns a single error:

The trial court erred in granting the defendant-appellee’s motion to suppress evidence.

Because the trial court did not err in granting defendant’s motion to suppress, we affirm.

I. Facts and Procedural History

2} On August 17, 2009, defendant was charged with one count of carrying a concealed weapon, a knife, in violation of R.C. 2923.12(A)(1), a first-degree misdemeanor. After pleading not guilty, defendant on September 29, 2009, filed a motion to suppress evidence, contending that police officers, lacking reasonable suspicion that defendant was engaged in any criminal activity, unlawfully detained him in his vehicle when they retained his driver’s license to run a warrant check. Defendant claimed that all evidence that the police obtained following defendant’s unlawful detention must be suppressed as the fruit of an illegal search and seizure.

{¶ 3} The trial court on October 28, 2009, held a hearing on defendant’s suppression motion. At the hearing, the state’s evidence was uncontroverted and [633] revealed that shortly after 1:00 a.m. on August 14, 2009, Columbus police officers Jason Garner and Duane Nicholson were on routine bicycle patrol in the vicinity of Sullivant Avenue and Belvedere Avenue in the Hilltop area of Columbus. The Hilltop section of Columbus is a purportedly high-crime area known to the officers for narcotics activity, prostitution, violent crimes, break-ins, and stolen vehicles. The officers observed a vehicle legally parked next to the curb on the right side of the road with its engine running and headlights turned off. Defendant, the sole occupant, was in the driver’s seat with his head down. Wearing plainly marked police uniforms and badges, the police officers approached defendant’s vehicle on their bicycles, with Officer Garner proceeding to the driver’s side of the vehicle and Officer Nicholson positioning himself behind the vehicle’s trunk.

{¶ 4} Officer Garner asked defendant several questions: whether everything was okay, why he was there, where he lived and worked, and whether he knew anyone in the area. Visibly nervous, shaking, and breathing heavily, defendant responded that everything was fine; he explained that he was waiting to go to work and had pulled over to text his girlfriend. Defendant told the officer he lived and worked in London, Ohio, and did not know anyone in the area where he was parked. The officers testified that defendant was not committing any traffic offense, no odor of alcohol or marijuana was about defendant’s person, the officers had no indication that defendant was involved in narcotics or prostitution activity, and nothing suggested that defendant was otherwise involved in or about to commit any kind of criminal activity.

{¶ 5} Based on a belief that defendant had failed to provide a good explanation for why he was in the area, coupled with the reputation of the area and defendant’s nervousness, the officers, relying on their intuition, suspected that something might be wrong. Officer Garner accordingly asked for defendant’s driver’s license to verify his identity and to run a records check for warrants. Defendant handed his license to the officer and remained in his vehicle. Officer Garner testified that defendant was not under arrest at that time and was free to leave had he chosen to do so.

{¶ 6} Some time after taking possession of defendant’s driver’s license to run the warrant check, Officer Garner asked defendant, “Is there anything on you or in your vehicle that could hurt us?” Defendant responded, “Yes, I have a knife next to me.” Officer Garner testified that out of concern for the safety of the officers and defendant, he instructed defendant to put his hands out the car window so the officers could recover the knife and ensure that it could not be used as a weapon. Officer Garner then opened the driver’s door and observed a knife wedged between the seat and the driver’s door with the knife’s handle facing the front of the vehicle. The knife was a military-style knife and was [634] enclosed in a sheath approximately 10 to 12 inches long that had a strap and button holding the knife in the sheath. Officer Garner asked defendant why he had the knife, and defendant explained he had it for fishing. Officer Garner testified that defendant was cooperative during the entire encounter, did not try to hide anything from the officers, and was not deceitful.

{¶ 7} In a written decision and entry on November 3, 2009, the trial court found that “while the investigative stop or detention of the Defendant initially was warranted, once it was determined that there was no criminal activity afoot, the officers were obligated to release the Defendant,” rendering the officers’ subsequent warrantless search of defendant’s automobile and seizure of the knife illegal. The trial court granted defendant’s motion to suppress and ordered that the knife the police seized be excluded from evidence.

{¶ 8} Appealing from the suppression order, the state has certified pursuant to Crim.R. 12(J) that the suppression order rendered the state’s proof so weak that any reasonable possibility of effective prosecution has been destroyed.

II. Assignment of Error

{¶ 9} In its sole assignment of error challenging the trial court’s suppression order, the state asserts that the court erred as a matter of law by finding that the police officers’ initial encounter with defendant was an investigatory stop or detention that triggered Fourth Amendment scrutiny, as opposed to a consensual encounter not subject to Fourth Amendment protections. The state contends that the police officers lawfully searched defendant’s vehicle and seized the knife because defendant told the officers that he had a knife located next to him in the vehicle, a statement that justified the officers’ decision to conduct the protective search of defendant’s vehicle and seize the knife out of concern for their safety.

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

State v. Jones, 936 N.E.2d 529, 188 Ohio App. 3d 628 (Ohio Ct. App. 2010).

936 N.E.2d 529 (State v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re A.M.J.
2024 Ohio 5889 (Ohio Court of Appeals, 2024)
State v. Camper
2023 Ohio 4673 (Ohio Court of Appeals, 2023)
State v. Grayson
2023 Ohio 4275 (Ohio Court of Appeals, 2023)
State v. Partin
2023 Ohio 4056 (Ohio Court of Appeals, 2023)
State v. Ivery
2023 Ohio 3495 (Ohio Court of Appeals, 2023)
State v. Wishon
2023 Ohio 1915 (Ohio Court of Appeals, 2023)
State v. Oliver
2023 Ohio 1550 (Ohio Court of Appeals, 2023)
State v. Thornton
2023 Ohio 1404 (Ohio Court of Appeals, 2023)
State v. Hammer
2023 Ohio 1307 (Ohio Court of Appeals, 2023)
State v. McCarthy
2022 Ohio 4738 (Ohio Court of Appeals, 2022)
State v. Collins
2022 Ohio 4353 (Ohio Court of Appeals, 2022)
State v. Keister
2022 Ohio 856 (Ohio Court of Appeals, 2022)
State v. Allen
2021 Ohio 3047 (Ohio Court of Appeals, 2021)
State v. Howard
2021 Ohio 1792 (Ohio Court of Appeals, 2021)
State v. Walton
2020 Ohio 5062 (Ohio Court of Appeals, 2020)
State v. Berrian
2020 Ohio 1515 (Ohio Court of Appeals, 2020)
State v. Carter
2020 Ohio 589 (Ohio Court of Appeals, 2020)
State v. McCall
2020 Ohio 84 (Ohio Court of Appeals, 2020)
State v. Brown
2019 Ohio 4753 (Ohio Court of Appeals, 2019)
State v. Haynesworth
2019 Ohio 1986 (Ohio Court of Appeals, 2019)