State v. Reed

Citations

• 2022 Ohio 3986

Syllabus

CONSTITUTIONAL LAW/CRIMINAL – FOURTH AMENDMENT – WAIVER – PROBABLE CAUSE – SEARCH AND SEIZURE – SENTENCING ¬– REAGAN TOKES LAW: Defendant did not waive the issue of probable cause where he argued in the trial court that police exceeded the permissible scope of a Terry stop because such an argument necessarily implies that probable cause is lacking. The trial court properly denied defendant's motion to suppress where police had probable cause to arrest defendant based on observation of defendant engaged with a known drug dealer in a specific pattern of behavior known to be followed when the drug dealer sold drugs. The trial court properly imposed an indefinite sentence for a first-degree-felony offense as required by the Reagan Tokes Law, which is not unconstitutional on its face. See State v. Guyton, 1st Dist. Hamilton No. C-190657, 2022-Ohio-2962. [But see DISSENT: The statutory provisions of the Reagan Tokes Law do not provide the fundamental requirements for procedural due process, and stare decisis carries less weight when constitutional interpretation is at issue.]