State v. Curry

Citations

• 2024 Ohio 5457

Syllabus

CONSTITUTIONAL LAW/CRIMINAL – CUSTODIAL INTERROGATION – SEARCH AND SEIZURE – REASONABLE SUSPICION – EXCLUSIONARY RULE –SUPPRESSION– PROBABLE CAUSE – MIRANDA – R.C. 4301.64: The trial court did not err in denying defendant's motion to suppress evidence recovered from his person where there was reasonable suspicion to conduct a pat-down of defendant, who was a passenger in a car stopped for a traffic violation. The trial court did not err in denying defendant's motion to suppress his statement in the absence of Miranda warnings because defendant was not subject to custodial interrogation when he answered the officer's question concerning the contents of his cup. The trial court did not err in denying defendant's motion to suppress because the police had probable cause to believe that defendant had consumed alcohol while in the vehicle, in violation of R.C. 4301.64, due to the officer testifying that he smelled alcohol on defendant's breath and defendant's admission that there was alcohol in his cup.