State v. Black

Citations

• 2018 Ohio 3066

Syllabus

The trial court did not err by overruling Appellant's motion to suppress the handgun found in his vehicle and his statements related to the presence of the handgun. A computer check revealed the appellant had an Ohio carrying concealed weapon permit, and he had an Oklahoma nationwide-radius felony arrest warrant. Once handcuffed and in custody, the police officer's questions to Appellant about whether Appellant had anything dangerous in the vehicle did not violate Miranda. Appellant was statutorily required to inform the officer he had a handgun in the vehicle. Also, under the public-safety exception to Miranda, in the circumstances of this case, the officer's questions were objectively reasonable and related to the immediate potential danger from a firearm. The officer was not required to give Appellant Miranda warnings before asking him about a dangerous item in the vehicle. Judgment affirmed. (Donovan, J., dissenting.)