State v. Dudley
| Citation | 2012 Ohio 960 |
| Decision Date | 09 March 2012 |
| Docket Number | Trial Court Case No. 2011-CR-1044,Appellate Case No. 24904 |
| Parties | STATE OF OHIO Plaintiff-Appellant v. MICHAEL M. DUDLEY Defendant-Appellee |
| Court | United States Court of Appeals (Ohio) |
2012 Ohio 960
STATE OF OHIO Plaintiff-Appellant
v.
MICHAEL M. DUDLEY Defendant-Appellee
Appellate Case No. 24904
Trial Court Case No. 2011-CR-1044
COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY
Dated: March 9, 2012
MATHIAS H. HECK, JR., by JOHNNA M. SHIA, Atty. Reg. #0067685, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422 Attorney for Plaintiff-Appellant
ELIZABETH C. SCOTT, Atty. Reg. #0076045, 120 West 2nd Street, Suite 703, Dayton, Ohio 45402 Attorney for Defendant-Appellee
HALL, J.
{¶ 1} The State of Ohio appeals, pursuant to R.C. 2945.67(A) and Crim.R. 12(K), from the trial court's decision, order, and entry sustaining defendant-appellee Michael Dudley's motion to suppress evidence.
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{¶ 2} In its sole assignment of error, the State contends the trial court erred in suppressing evidence obtained during a traffic stop of Dudley's vehicle.
{¶ 3} The facts underlying the present appeal are set forth in the trial court's suppression ruling as follows:
On or about January 27, 2011, Officer Ron Smith of the Trotwood Police Department was working in the City of Dayton with Officer Mat Barnes as part of the Citizen Initiative to Reduce Gun Violence (CIRV) Task Force. Officer Smith was in a marked cruiser and wearing the uniform of the day. At approximately 1:30 p.m., he was patrolling the area of Grand Avenue in Dayton View.
As he was driving westbound on Grand Avenue, he spotted a motor vehicle that he believed had excessive window tint. As a result, he could not see into the vehicle. The vehicle was stopped after it turned southbound onto Broadway. As he followed the vehicle, Smith ran the license plate. It was determined that the registered owner was a female.
Smith stopped the vehicle and walked to the driver's side window. As he approached the vehicle, Smith stated that the driver side front and rear windows appeared to be too dark. In fact, he thought the driver was a woman. In actuality, the sole occupant of the vehicle was a man.
The driver rolled down his window and Smith introduced himself. Smith said that he smelled the odor of burnt marijuana and noted that he knew the smell because he had made many traffic stops where the smell of burned marijuana was noticeable.
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Smith explained the reason for the stop and asked Dudley to get out of the car. The evidence revealed that at this time and at all times during the stop that Dudley was compliant. Further, it was determined that at no time did Dudley make any furtive movements or attempt to hide anything.
Smith asked for and Dudley produced a valid Ohio driver's license. When asked if he had any weapons on him, Dudley turned toward the vehicle and assumed the frisk position. Smith asked Dudley if he could conduct a pat-down and Dudley said yes. Smith found no weapons on Dudley as a result of the pat-down.
Smith then asked Dudley to step behind the vehicle as he ran Dudley's information through LEADS. The search revealed that Dudley had no outstanding warrants. As this point, Smith did not issue a citation for the window tint; instead he decided to search the vehicle based upon detecting the odor of marijuana. The search revealed some marijuana seeds and residue in the front seat area. Neither the residue nor the seeds were collected. Dudley was not issued a citation for the window tint violation or the marijuana violation at this time.
Next Smith asked Dudley if he was on probation or parole. Dudley stated that he was on probation for trafficking in crack cocaine. Smith asked him if he had any crack on him. Dudley replied that he had marijuana on him and gave Smith a clear plastic baggie with a small amount of marijuana in it,
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approximately 12 to 14 grams in weight. Smith decided to detain Dudley for further investigation....
Smith conducted another search of Dudley and found a baggie of crack cocaine inside his coat pocket. Dudley was put in the back of the cruiser and given oral Miranda
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Crawford v. Moore
...an appellate court must accept the trial court's supported findings of fact as true. State v. Dudley, 2d Dist. Montgomery No. 24904, 2012 Ohio 960,¶6. The court must then determine whether the facts satisfy the applicable legal standard; this is done without deference to the conclusion of t......