State v. Mesa

717 N.E.2d 329, 87 Ohio St. 3d 105
Ohio Supreme Court·Decided October 20, 1999·No. No. 98-1529·Published·Cited by 85 cases

Opinions

Douglas, J.

The central issue in this case is whether Lakewood police officers violated the Fourth Amendment to the United States Constitution, as applicable to the states through the Fourteenth Amendment, and/or Section 14, Article I of the Ohio Constitution, when they conducted an inventory search of appellee’s lawfully impounded vehicle. For the reasons that follow, we find that the officers, in opening the unlocked armrest console of the automobile and finding the loaded handgun, did not violate the Fourth Amendment or Section 14, Article I. Accordingly, we reverse the judgment of the court of appeals.

I

As a preliminary matter, we first consider appellee’s contentions set forth in his second proposition of law, challenging the validity of the arrest warrant issued by Judge Patrick J. Carroll of the Lakewood Municipal Court. Specifically, appellee claims that because the underlying criminal complaint against him simply “traces the skeletal language of the statute,” it failed “to state sufficient facts to establish probable cause, or to permit an independent judicial determination of probable cause.” Therefore, according to appellee, the arrest was unlawful and the subsequent inventory search of his automobile was invalid. Appellee also claims that, during the March 18, 1997 suppression hearing, the prosecuting attorney who signed the criminal complaint was permitted, in violation of Crim.R. 4(A)(1),2 to testify with respect to unrecorded statements provided by the prosecutor to Judge Carroll.

[108] The trial court held that the arrest warrant issued by Judge Carroll was lawful in all respects. On appeal by the state, appellee, with respect to this ruling, did not file a cross-appeal. In this regard, appellant claims that the contentions set forth in appellee’s second proposition of law have not been properly preserved for review and thus are waived pursuant to App.R. 3(C)(1). However, assuming for purposes of argument that appellee’s contentions are properly before us, we find that they are without merit because we agree with the trial court’s holding that at the time of appellee’s arrest the Lakewood Police had sufficient cause to arrest him even without a warrant. R.C. 2935.03(B)(1) provides that “[w]hen there is reasonable ground to believe that an offense of violence * * * has been committed within the limits of the political subdivision * * * in which the peace officer is * * * employed * * * a peace officer * * * may arrest and detain * * * any person whom the peace officer has reasonable cause to believe is guilty of the violation.” It is clear that the information derived from the investigation by the Lakewood Police Department prior to appellee’s arrest provided the police with reasonable cause to arrest him. Therefore, appellee’s arguments that the evidence of the loaded handgun should be suppressed because of a faulty arrest warrant, and that a violation of Crim.R. 4(A)(1) has occurred, are not well taken.

II

Having determined that appellee was lawfully arrested, we now turn our attention to whether the search of appellee’s vehicle violated the Fourth Amendment and/or Section 14, Article I prohibitions against unreasonable searches and seizures. Appellant contends that the inventory search of appellee’s vehicle complied with the constitutional requirements set forth in State v. Hathman (1992), 65 Ohio St.3d 403, 604 N.E.2d 743. To that end, appellant posits that the search was conducted in good faith, that it was not for the sole purpose of investigation, and that it was in accordance with reasonable standardized police procedures. Therefore, according to appellant, the inventory search of appellee’s vehicle was lawful in all respects. We agree.

Inventory searches are a “well-defined exception to the warrant requirement of the Fourth Amendment.” Colorado v. Bertine (1987), 479 U.S. 367, 371, 107 S.Ct. 738, 741, 93 L.Ed.2d 739, 745. See, also, South Dakota v. Opperman (1976), 428 [109] U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000. Inventory searches involve administrative procedures conducted by law enforcement officials and are intended to (1) protect an individual’s property while it is in police custody, (2) protect police against claims of lost, stolen or vandalized property, and (3) protect police from dangerous instrumentalities. Opperman, 428 U.S. at 369, 96 S.Ct. at 3097, 49 L.Ed.2d at 1005. Because inventory searches are administrative caretaking functions unrelated to criminal investigations, the policies underlying the Fourth Amendment warrant requirement, including the standard of probable cause, are not implicated. Id. at 370, 96 S.Ct. at 3097, 49 L.Ed.2d at 1006, fn. 5. See, also, Bertine, 479 U.S. at 371, 107 S.Ct. at 741, 93 L.Ed.2d at 745. Rather, the validity of an inventory search of a lawfully impounded vehicle is judged by the Fourth Amendment’s standard of reasonableness. See Opperman and Bertine, supra.

In Hathman, paragraphs one and two of the syllabus, we analyzed and followed various United States Supreme Court decisions regarding inventory searches of lawfully impounded vehicles and held:

“1. To satisfy the requirements of the Fourth Amendment to the United States Constitution, an inventory search of a lawfully impounded vehicle must be conducted in good faith and in accordance with reasonable standardized procedure(s) or established routine. (South Dakota v. Opperman [1976], 428 U.S. 364, 96 S.Ct. 3092, 49 L.Ed.2d 1000; Colorado v. Bertine [1987], 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739; and Florida v. Wells [1990], 495 U.S. 1, 110 S.Ct. 1632, 109 L.Ed.2d 1, followed.)

“2. If, during a valid inventory search of a lawfully impounded vehicle, a law-enforcement official discovers a closed container, the container may only be opened as part of the inventory process if there is in existence a standardized policy or practice specifically governing the opening of such containers. (Colorado v. Bertine [1987], 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739; and Florida v. Wells [1990], 495 U.S. 1, 110 S.Ct. 1632, 109 L.Ed.2d 1, followed.)”

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State v. Mesa, 717 N.E.2d 329, 87 Ohio St. 3d 105 (Ohio 1999).

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