State v. Sexton

Citations

• 2020 Ohio 4179

Syllabus

State appeals court's decision suppressing evidence. Concerned neighbors' tipped police that defendant/appellee engaged in drug activity. Police stopped defendant for traffic violation. Defendant consented to search himself and the vehicle. Police recovered methamphetamine. Court suppressed evidence on basis that defendant had not freely and voluntarily consented. Court erred in determining that police had the defendant illegally detained at the time consent to search requested. Police requested consent within time reasonably necessary to issue traffic citation. Police could extend traffic stop based upon reasonable articulable suspicion that defendant was engaged in drug activity where identified citizen informants reported defendant was engaged in drug activity outside of a suspected drug house. Defendant was legally detained at time consent was requested. Therefore, state was not required to clearly demonstrate that defendant would believe that he had the freedom to refuse to consent and could in fact leave the scene. All other factors indicated defendant voluntarily consented.