State v. Parr

Ohio Court of Appeals

State v. Parr

588 N.E.2d 148, 67 Ohio App. 3d 626, 1990 Ohio App. LEXIS 1720

CourtOhio Court of Appeals

DecidedMay 14, 1990

DocketNo. 58162.

StatusPublished

Cited by2 cases

This text of 588 N.E.2d 148 (State v. Parr) 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. Parr, 588 N.E.2d 148, 67 Ohio App. 3d 626, 1990 Ohio App. LEXIS 1720 (Ohio Ct. App. 1990).

Pincite

Opinion

Per Curiam.

Plaintiff-appellant, the state of Ohio (“state”) appeals from the trial court’s granting of the motion to suppress of defendant-appellee, William Parr (“Parr”). 1 The record reveals that on November 17, 1988, at 8:30 p.m., Parr *627 was seated in the driver’s seat of a 1984 Chevrolet Cavalier legally parked on Adams Street near the intersection of East 105th Street in the city of Cleveland. No lights were on in the car. Narcotics detectives cruising the night-darkened area saw the parked vehicle. They observed Parr looking down in the direction of his lap and Parr’s very slight downward movement of his shoulders. Based on their lengthy experience in similar situations and the fact that it was a high crime area where drug use and sales were rampant, the detectives believed that a narcotics violation was occurring. They pulled up behind the car, got out and approached Parr’s vehicle and shone a flashlight on Parr. The police observed a white packet being unfolded by Parr in his lap. Parr placed the packet on the console in plain view and exited the car. The police confiscated the packet and arrested Parr. The packet was later determined to contain cocaine.

The observation of appellee in the car, without more, does not give rise to a reasonable belief that appellee was involved in criminal activity. Appellee made no suspicious overt movements prior to the stop and search. Cf. State v. Bobo (1988), 37 Ohio St.3d 177, 524 N.E.2d 489; State v. Smith (1989), 45 Ohio St.3d 255, 544 N.E.2d 239.

The assignment is overruled and the judgment is affirmed.

Judgment affirmed.

Nahra, Ann McManamon and Walker, JJ., concur. Robert D. Walker, J., retired, of the Hancock County Court of Common Pleas, sitting by assignment.

1

. Appellee did not file a brief in this appeal.

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

Per Curiam.

Plaintiff-appellant, the state of Ohio (“state”) appeals from the trial court’s granting of the motion to suppress of defendant-appellee, William Parr (“Parr”). 1 The record reveals that on November 17, 1988, at 8:30 p.m., Parr *627 was seated in the driver’s seat of a 1984 Chevrolet Cavalier legally parked on Adams Street near the intersection of East 105th Street in the city of Cleveland. No lights were on in the car. Narcotics detectives cruising the night-darkened area saw the parked vehicle. They observed Parr looking down in the direction of his lap and Parr’s very slight downward movement of his shoulders. Based on their lengthy experience in similar situations and the fact that it was a high crime area where drug use and sales were rampant, the detectives believed that a narcotics violation was occurring. They pulled up behind the car, got out and approached Parr’s vehicle and shone a flashlight on Parr. The police observed a white packet being unfolded by Parr in his lap. Parr placed the packet on the console in plain view and exited the car. The police confiscated the packet and arrested Parr. The packet was later determined to contain cocaine.

The observation of appellee in the car, without more, does not give rise to a reasonable belief that appellee was involved in criminal activity. Appellee made no suspicious overt movements prior to the stop and search. Cf. State v. Bobo (1988), 37 Ohio St.3d 177, 524 N.E.2d 489; State v. Smith (1989), 45 Ohio St.3d 255, 544 N.E.2d 239.

The assignment is overruled and the judgment is affirmed.

Judgment affirmed.

Nahra, Ann McManamon and Walker, JJ., concur. Robert D. Walker, J., retired, of the Hancock County Court of Common Pleas, sitting by assignment.

1

. Appellee did not file a brief in this appeal.

Cite This Page — Counsel Stack

Bluebook (online)

588 N.E.2d 148, 67 Ohio App. 3d 626, 1990 Ohio App. LEXIS 1720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-parr-ohioctapp-1990.

Opinion

Related

Cite This Page — Counsel Stack