State v. Rogers

Citations

• 2022 Ohio 4535

Syllabus

CONSTITUTIONAL LAW/CRIMINAL — SEARCH AND SEIZURE — TERRY STOP — FIREARM: The trial court did not err by denying defendant's motion to suppress a firearm that the police found in the glove box of his vehicle during a search after a roadside stop that lasted over 11 minutes, because the firearm was located during a Terry investigative stop for carrying a concealed weapon, the scope and duration of which were reasonable under the totality of the circumstances, and therefore, defendant's constitutional rights were not violated. [But see DISSENT: Defendant's motion to suppress should have been granted because defendant's detention and the subsequent search exceeded the bounds of Terry and violated the Fourth Amendment to the United States Constitution where the officer conducted an investigative stop based on his observation of a nondescript bulge in defendant's waistband that was believed to be a gun, without any additional information about the bulge, defendant, or the investigation of a crime in the area.]