State v. Murrell

764 N.E.2d 986, 94 Ohio St. 3d 489
Ohio Supreme Court·Decided April 3, 2002·No. No. 00-1757·Published·Cited by 85 cases

Opinions

Alice Robie Resnick, J.

This case requires us to consider the allowable scope of an automobile search incident to the arrest of an occupant of the vehicle. For the reasons that follow, we overrule this court’s decision in State v. Brown (1992), 63 Ohio St.3d 349, 588 N.E.2d 113, and therefore affirm the judgment of the court of appeals.

I

Facts and Procedural History

On September 15, 1999, a Cincinnati police officer stopped an automobile driven by defendant-appellant, Marvin Murrell, on a street with a posted speed limit of thirty-five miles per hour after the officer’s laser device registered appellant’s speed at forty-nine miles per hour. The officer ran a check on appellant’s license, which showed that there was an outstanding warrant for appellant’s arrest for failure to pay child support. The officer arrested appellant, handcuffed him, and placed him in the back seat of the police car.

The officer then proceeded to search appellant’s vehicle. On the floorboard in front of the driver’s seat, the officer found a small cloth bag. He opened it and [490] found crack cocaine and powdered cocaine. The officer then also arrested appellant for drug possession.

Appellant was indicted on two counts of possession of cocaine. He filed a motion to suppress the results of the search, and the trial court held a hearing on the motion on November 19, 1999. The arresting officer provided the only-testimony at the hearing, giving his account of the stop and arrest. The officer testified that the traffic stop was a routine one, that he never felt that he was in any danger during the course of the stop, that he never sought appellant’s permission to search the vehicle, and that he would not have impounded the car (and therefore no inventory search of the vehicle would have occurred) if he had not found the cocaine.

On February 10, 2000, the trial court granted the motion to suppress in a handwritten entry that gave no reasons for the ruling. The trial court apparently relied on this court’s decision in Brown, 63 Ohio St.3d 349, 588 N.E.2d 113, in which this court held at the syllabus that “[a] police officer may not open a small, closed container found inside an automobile’s glove compartment solely as a search incident to the driver’s arrest for a traffic violation, after the officer has the suspect — and sole occupant of the vehicle — under control in the police cruiser. (New York v. Belton [1981], 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768, distinguished; the Fourth Amendment to the United States Constitution and Article I, Section 14 of the Ohio Constitution, applied.)”

The state appealed pursuant to R.C. 2945.67, certifying that the appeal was not taken for the purpose of delay and that the trial court’s ruling rendered the state’s proof so weak that any reasonable possibility of effective prosecution was destroyed. See Crim.R. 12(K) (formerly Crim.R. 12[J]).

The court of appeals reversed the judgment of the trial court, distinguishing the situation before it from that in Brown. The court of appeals focused on the fact that Brown’s syllabus specifically mentioned arrest for a “traffic violation,” and found that Brown did not apply because appellant was not arrested for a traffic violation but for nonpayment of child support. While acknowledging that the officer did not have probable cause to believe that there was contraband in the vehicle, the court of appeals upheld the search pursuant to the United States Supreme Court’s Belton decision.

The cause is now before this court pursuant to the allowance of a discretionary appeal.

II

Search of Automobile Incident to Arrest of Occupant

In Belton, 453 U.S. at 460, 101 S.Ct. at 2864, 69 L.Ed.2d at 775, the United States Supreme Court articulated a specific rule for automobile searches within [491] the “search incident to arrest” exception to the warrant requirement of the Fourth Amendment to the United States Constitution.1 The Belton court held that “when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.” (Footnotes omitted.) Earlier, the Supreme Court in Chimel v. California (1969), 395 U.S. 752, 762-763, 89 S.Ct. 2034, 2040, 23 L.Ed.2d 685, 694, a case not involving a motor vehicle, had held that when a police officer makes a lawful custodial arrest, a warrantless search of the person arrested and of the immediate surrounding area is justified to discover any weapons that the arrestee might seek to use and to prevent the concealment or destruction of evidence.

The Supreme Court viewed its holding in Belton as the establishment of a bright-line rule that extended the principles of Chimel to arrest situations involving motor vehicles. The Supreme Court in Belton, in explaining why searching a closed container found in the passenger area of the vehicle is also permissible, further illuminated its reasoning, stating that “[i]t follows [from Chimel ] that the police may also examine the contents of any containers found within the passenger compartment, for if the passenger compartment is within reach of the arrestee, so also will containers in it be within his reach. * * * Such a container may, of course, be searched whether it is open or closed, since the justification for the search is not that the arrestee has no privacy interest in the container, but that the lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have.” 453 U.S. at 460-461, 101 S.Ct. at 2864, 69 L.Ed.2d at 775.

In support of its decision to apply a bright-line rule, the Belton court stated that “as one commentator has pointed out, the protection of the Fourth and Fourteenth Amendments ‘can only be realized if the police are acting under a set of rules which, in most instances, makes it possible to reach a correct determination beforehand as to whether an invasion of privacy is justified in the interest of law enforcement.’ LaFave, ‘Case-By-Case Adjudication’ versus ‘Standardized Procedures’: The Robinson Dilemma, 1974 S.Ct. Rev. 127, 142.

“In short, ‘[a] single, familiar standard is essential to guide police officers, who have only limited time and expertise to reflect on and balance the social and individual interests involved in the specific circumstances they confront.’ Duna[492] way v. New York [1979], 442 U.S. 200, 213-214 [99 S.Ct. 2248, 2257, 60 L.Ed.2d 824, 836].” 453 U.S. at 458, 101 S.Ct. at 2863, 69 L.Ed.2d at 773-774.

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

State v. Murrell, 764 N.E.2d 986, 94 Ohio St. 3d 489 (Ohio 2002).

764 N.E.2d 986 (State v. Murrell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Farrow
2023 Ohio 682 (Ohio Court of Appeals, 2023)
State v. Seem
2022 Ohio 3507 (Ohio Court of Appeals, 2022)
State v. Hubbard
2021 Ohio 1740 (Ohio Court of Appeals, 2021)
Morrison v. Horseshoe Casino
2020 Ohio 4131 (Ohio Court of Appeals, 2020)
State v. Martin
2019 Ohio 5147 (Ohio Court of Appeals, 2019)
State v. Beightler
2019 Ohio 2946 (Ohio Court of Appeals, 2019)
State v. Chandler
2015 Ohio 396 (Ohio Court of Appeals, 2015)
State v. Caulfield
2013 Ohio 3029 (Ohio Court of Appeals, 2013)
State v. Jones
2013 Ohio 2375 (Ohio Court of Appeals, 2013)
State v. Knox
2013 Ohio 1662 (Ohio Court of Appeals, 2013)
State v. Fogel
2012 Ohio 1960 (Ohio Court of Appeals, 2012)
State v. Griffith
2011 Ohio 4476 (Ohio Court of Appeals, 2011)
State v. Grubb
2010 Ohio 1265 (Ohio Court of Appeals, 2010)
State v. McClellan
2010 Ohio 314 (Ohio Court of Appeals, 2010)
State v. Chadwell
912 N.E.2d 618 (Ohio Court of Appeals, 2009)
State v. Williams, 22924 (4-3-2009)
2009 Ohio 1627 (Ohio Court of Appeals, 2009)
State v. Riter, 4-08-29 (12-22-2008)
2008 Ohio 6752 (Ohio Court of Appeals, 2008)
State v. Gagaris, Ca2007-06-142 (10-20-2008)
2008 Ohio 5418 (Ohio Court of Appeals, 2008)
State v. Stone, 2007-P-0048 (5-30-2008)
2008 Ohio 2608 (Ohio Court of Appeals, 2008)