Highway Patrol’s Search Did Not Violate Suspect’s Rights
The Tenth District Court of Appeals reverses a decision that had barred a Columbus-area physician from participating in the Bureau of Workers' Compensation's Health Partnership Program.
An Ohio State Highway Patrol sergeant had probable cause to search a suspect after a traffic stop after noticing marijuana residue on his shirt, according to the Fourth District Court of Appeals.
An Ohio State Highway Patrol sergeant had probable cause to search a suspect after a traffic stop after noticing marijuana residue on his shirt, according to the Fourth District Court of Appeals.
Judge Roger L. Kline authored the unanimous August 22 decision that reversed a ruling by the Washington County Common Pleas Court in granting Tyson Butcher’s motion to suppress evidence.
In 2010, Trooper John Smith and Sgt. Todd McDonald stopped a vehicle with Butcher as a passenger on State Route 550 after observing a traffic violation. Sgt. McDonald patted down Butcher to check for weapons, ordered him to empty his pockets and a marijuana baggie fell to the ground. The search also revealed crack cocaine. Butcher was indicted for the possession of crack cocaine. The trial court granted Butcher’s motion to suppress in 2011.
Judge Kline discussed the Fourth Amendment of the U.S. Constitution that protects against unreasonable searches and seizures, several cases that define reasonableness, and case law that outlines warrantless search exceptions.
The appeals court found that “Sgt. McDonald did not violate Butcher’s Fourth Amendment rights when Sgt. McDonald searched Butcher’s person without a warrant,” Judge Kline wrote. “We find (1) that the alleged marijuana residue on Butcher’s shirt was in ‘plain view’ and (2) exigent circumstances justified Sgt. McDonald’s warrantless search of Butcher’s person.”
Judge Kline elaborated on the exigent circumstances exception.
“In order to obtain a warrant to search Butcher’s person, Sgt. McDonald would have had to either (1) detain Butcher for several hours in the middle of the night until law enforcement could obtain a warrant or (2) release Butcher but risk that Butcher would hide or destroy any contraband he possessed.
“We find that these options were unreasonable,” Judge Kline continued, citing State v. Jones, 4th Dist. No. 03CA61, 2004-Ohio-7280. “Consequently, compelling reasons existed for Sgt. McDonald to search Butcher’s person without first obtaining a warrant.”
Judges Peter B. Abele and William H. Harsha concurred in the opinion.
State v. Butcher, 2012-Ohio-3836
Opinion: http://sc.ohio.gov/rod/docs/pdf/4/2012/2012-ohio-3836.pdf
Criminal Appeal From: Washington County Common Pleas Court
Judgment Appealed From Is: Reversed and Remanded
Date of Judgment Entry on Appeal: August 22, 2012