State v. Vance

2026 Ohio 876
CourtOhio Court of Appeals
DecidedMarch 16, 2026
Docket2025-L-087
StatusPublished

This text of 2026 Ohio 876 (State v. Vance) 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. Vance, 2026 Ohio 876 (Ohio Ct. App. 2026).

Opinion

[Cite as State v. Vance, 2026-Ohio-876.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT LAKE COUNTY

STATE OF OHIO, CASE NO. 2025-L-087

Plaintiff-Appellee, Criminal Appeal from the - vs - Court of Common Pleas

DEVON M. VANCE, Trial Court No. 2024 CR 001117 Defendant-Appellant.

OPINION AND JUDGMENT ENTRY

Decided: March 16, 2026 Judgment: Affirmed

Charles E. Coulson, Lake County Prosecutor, and Kristi L. Winner, Assistant Prosecutor, Lake County Administration Building, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).

Cory R. Hinton, Hanahan & Hinton, L.L.C., 7351 Center Street, Suite 1, Mentor, OH 44060 (For Defendant-Appellant).

JOHN J. EKLUND, J.

{¶1} Appellant, Devon M. Vance, appeals the judgment of conviction from the

Lake County Court of Common Pleas after her plea of no contest to one count of

Aggravated Possession of Drugs and one count of Possession of Drugs. Appellant argues

that the trial court erred by denying her Motion to Suppress evidence seized from her

person and her vehicle during a traffic stop. She argued a lack of reasonable suspicion

to stop her vehicle and a lack of probable cause to search her vehicle for contraband.

{¶2} Having reviewed the record and the applicable caselaw, we find Appellant’s

assignment of error to be without merit. First, the officer witnessed Appellant commit two traffic violations, which created not only reasonable suspicion, but probable cause,

necessary to justify stopping her vehicle. Second, during the course of the traffic stop, the

officer learned that Appellant’s passenger had an active warrant, and the officer placed

the passenger under arrest, this provided reasonable suspicion to extend the duration of

the traffic stop. During this time, the officer observed Appellant attempting to take items

from her purse and conceal them in the back seat of the car. He then discovered that she

had attempted to conceal a digital scale from her purse and found the scale to have

suspected drug residue on it. Upon discovering this, the officer had probable cause to

arrest Appellant, and the remaining contraband was discovered on her person during a

lawful arrest.

{¶3} Therefore, the judgment of the Lake County Court of Common Pleas is

affirmed.

Substantive and Procedural History

{¶4} On November 22, 2024, the Lake County Grand Jury indicted Appellant on

one count of Aggravated Possession of Drugs (Methamphetamine), a second-degree

felony in violation of R.C. 2925.11(A), and one count of Possession of Drugs (Naloxone),

a fifth-degree felony in violation of R.C. 2925.11(A). Appellant pled not guilty.

{¶5} On January 21, 2025, Appellant filed a Motion to Suppress, arguing: one,

the officer lacked reasonable suspicion to conduct a traffic stop and detain her; and two,

the officer lacked probable cause to search her vehicle and her person. Appellant further

argued that the “scale” recovered from her vehicle was not a digital scale used for

weighing contraband but was instead a bathroom-style scale meant to weigh a person.

On January 31, 2025, the State responded to the Motion to Suppress.

PAGE 2 OF 17

Case No. 2025-L-087 {¶6} The trial court held a suppression hearing on March 27, 2025. The State

called Detective Don Swindell of the Mentor Police Department as its sole witness. The

State did not play any dash camera or body camera videos during the hearing. Appellant

did not call any witnesses.

{¶7} Detective Swindell testified he had been promoted to Detective after the

events leading to Appellant’s arrest but before the suppression hearing. On September

9, 2024, Detective Swindell said that he was assigned to traffic patrol duties. He said that

he saw a gray Chevy at the eastbound exit ramp for State Route 2 at State Route 306 in

Mentor, Ohio. He watched the vehicle make a right turn on red “into the left straight only

lane. In that area there’s a clearly marked traffic control device, a sign that says that you’re

only allowed to make a right turn on red in the curb lane only.” Detective Swindell said

that there are two southbound turning lanes and that the gray Chevy did not make the

right turn on red from the curbside lane. He also said the vehicle “made a wide turn,

crossing over the double yellow line into the marked hazard zone, both driver side tires.

It reentered that left straight lane and then it made a left turn into” the Suburban Inn

located at 7677 Reynolds. Detective Swindell noted that the location and its surrounding

area are known for numerous calls for police service.

{¶8} Detective Swindell said that upon observing a Traffic Control Device

violation and a Marked Lanes violation, he effected a traffic stop of the vehicle in the

Suburban Inn parking lot. On cross-examination, Detective Swindell confirmed that he

was within a “couple hundred feet” of Appellant’s vehicle when he saw the traffic

violations.

PAGE 3 OF 17

Case No. 2025-L-087 {¶9} Detective Swindell identified the driver as Appellant and the lone passenger

as Appellant’s husband. Detective Swindell said that he knew Appellant through prior

involvements with the Mentor Police Department. After conducting the stop and

identifying the occupants of the vehicle, Detective Swindell confirmed that the passenger

had an active warrant for his arrest. Detective Swindell had the passenger exit the vehicle

and detained him.

{¶10} As Detective Swindell was placing the passenger in the rear of his police

cruiser, he “observed” Appellant “inside the vehicle attempting to hide items.” He saw her

“digging items out of her purse and putting them on the floor in the front passenger area

and then trying to put them behind the front seat . . . .” He said that his police cruiser was

parked alongside her vehicle at a “forty-five degree angle . . . the way her vehicle was

parked . . . would be . . . the side view of her vehicle.” On cross-examination, he specified

that he was approximately ten feet away from Appellant’s vehicle. The stop occurred

during the night, but the parking lot was well-lit, and Detective Swindell testified that the

lights from his cruiser illuminated Appellant’s vehicle.

{¶11} After seeing Appellant engage in these movements, he confronted her

about them and had her exit the vehicle. He said that Appellant “openly stated that she

was hiding a scale behind the front seat.” Detective Swindell testified that he did not think

Appellant was talking about a bathroom scale but rather a “scale to weigh narcotics.” He

said that Appellant’s purse was not large enough to hold a bathroom style scale. Based

on her statement, Detective Swindell detained Appellant in the rear of his partner’s patrol

vehicle and then recovered a digital scale with what he believed was methamphetamine

PAGE 4 OF 17

Case No. 2025-L-087 residue on it located behind the passenger seat. He then searched Appellant’s purse and

found a methamphetamine pipe in the purse.

{¶12} Detective Swindell then contacted a female officer to respond to the scene

in order to conduct a search of Appellant’s person. He said that the responding officer

searched Appellant and that a “large baggie of methamphetamine was located in her bra

along with prescription pills, a hundred sixty dollars in currency and a Samsung

cellphone.”

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Cite This Page — Counsel Stack

Bluebook (online)
2026 Ohio 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-vance-ohioctapp-2026.