State v. Fleming

Citations

• 162 N.E.3d 981
• 2020 Ohio 5352

Syllabus

The trial court did not err in overruling appellant's motion to suppress. The police officer who ordered the tow of appellant's vehicle did not violate the Dayton Police Department's tow policy. In addition, the tow policy as applied to non-arrest/disabled vehicle situations is constitutional. Specifically, the standardized policy does not require police to notify owners that they may remove personal items prior to tow/inventory. Rather, the policy states that owners, if able, may remove personal property from their vehicle prior to towing. This is consistent with constitutional requirements for inventory searches. Judgment affirmed. (Donovan, J., dissenting.)