State v. Brandenburg

Citations

• 2021 Ohio 2875

Syllabus

The trial court did not err by finding that the police officer had unconstitutionally prolonged the traffic stop where the officer testified that he had completed the purpose of his stop prior to requesting consent to search. However, the trial court erred by determining that the consent to search analysis was unecessary after determining that the police officer no longer had the legal right to detain the defendant. As held by the supreme court, voluntary consent, under the totality of the circumstances, can validate an otherwise illegal detention and search.