State v. Parrish

Citations

• 224 N.E.3d 1193
• 2023 Ohio 3356

Syllabus

Motion to suppress evidence weapons while under disability carrying concealed weapons public gaming dice game detained marijuana reasonable suspicion standard mixed question of fact and law competent credible evidence Crim.R. 12(E) Fourth Amendment unreasonable searches and seizures suppression of evidence fruit of the poisonous tree reasonableness nature and quality of the intrusion investigatory stop consensual encounter arrest investigative detention minor misdemeanor protective search reasonable individualized suspicion protective search limitation valid investigatory stop reasonable articulable suspicion Terry v. Ohio investigatory intent pretext for warrantless evidentiary search exclusion of evidence. Judgment affirmed. The defendant was indicted for having weapons while under disability and carrying concealed weapons. An officer observed the defendant standing with a group of 15 to 20 men participating in a dice game. The officer observed the defendant with his hand on his side as he headed away from law enforcement. Officers were justified in making an investigatory stop of the defendant based on a reasonable suspicion that he may have participated in gambling, a minor misdemeanor offense. The officers were justified in conducting a protective frisk of the defendant's person because they reasonably believed he might be armed. The state was unable to articulate probable cause to extend the search beyond a protective search for officer safety and the frisk failed to produce evidence of an arrestable offense. The subsequent search exceeded the scope of a lawful frisk, violating the defendant's Fourth Amendment rights. As a result, the trial court properly suppressed the fruit of the search.