State v. Franklin

Citations

• 2026 Ohio 1189

Syllabus

Motion to suppress; traffic stop; protective sweep; search; reasonable belief that suspect was dangerous; totality of the circumstances. The protective sweep of appellant's vehicle was proper when there were specific and articulable facts demonstrating a reasonable belief that appellant was dangerous and that he would gain access to a weapon upon his return to the vehicle. The presence of a loaded magazine and the officers' experience that a loaded magazine often meant the presence of a firearm, combined with appellant's prohibition from owning a firearm and his admission that he owned one at his home was sufficient to meet the test set forth in Michigan v. Long, 463 U.S. 1032 (1983). The traffic stop was not significantly prolonged for the exterior sniff by the canine. The trial court did not err in denying appellant's motion to suppress the evidence obtained as the result of the protective sweep of the vehicle.