State v. Maston

Citations

• 2018 Ohio 1948

Syllabus

Trial court did not err in overruling defendant's motion to suppress. The officer diligently performed tasks needed to complete the traffic stop until back-up arrived, at which time he conducted a free-air sniff by his canine partner the stop was not unreasonably extended to conduct the canine sniff. Defendant was not in custody when he made incriminating statements. Trial court erred in allowing the State to use at trial the laboratory report of the drug analysis, pursuant to R.C. 2925.51. The State's service of a copy of the lab report on an attorney at the Public Defender's Office did not satisfy R.C. 2925.51(A) when that attorney was no longer defendant's attorney of record at the time of service. Defendant did not demonstrate ineffective assistance of counsel based on counsel's failure to renew at trial the motion to suppress defendant's statements. Judgment reversed as to possession of a controlled substance, and case remanded for further proceedings on that charge. Judgment affirmed as to possession of marijuana. (Tucker, J., concurring.)