State v. Taylor

Citations

• 2026 Ohio 1041

Syllabus

Motion to suppress; traffic stop; window tint; Mimms order; Terry frisk; pat-down search; waiver; Fourth Amendment to the United States Constitution; Ohio Constitution, Article I, Section 14; R.C. 2923.13(A)(2); R.C. 2923.12(A)(2); R.C. 2923.16(B); R.C. 2941.1417(A). Judgment affirmed. Following lawful stop for suspected illegal window tint, state trooper lawfully ordered defendant-appellant out of the vehicle under Mimms. Defendant-appellant's argument that Article I, Section 14 of the Ohio Constitution should be interpreted to provide broader protection than the Fourth Amendment in the Mimms context was waived because he did not raise it in the trial court. In addition, defendant-appellant did not argue plain error and nothing in the record suggested plain error. The subsequent pat-down was justified under Terry because defendant-appellant exited the vehicle in an unusual, hunched posture with his right arm pressed toward his waistband, he had provided only an identification card rather than a driver's license, and there was broken glass inside the car.