State v. Lewis, 2008-Ohio-5805, 179 Ohio App. 3d 159, 900 N.E.2d 1084
Jan 01, 2008OUTCOME: Bryan Muni Court order overturned on appeal.
A police officer radioed for a license plate check on a vehicle she was following. While the officer was advised that the plate was valid, the officer later received a radio transmission from a deputy, ... who advised the officer that he had "paperwork" for the owner of the vehicle and requested that the officer initiate a stop. Upon finding the car parked in a residential driveway, getting ready to back out, the officer pulled in behind the vehicle to prevent the car from leaving. The officer discovered that defendant, the driver, was not the owner of the car. During the officer's questioning, she noticed an open container of an alcoholic beverage in the car. After testing, defendant was charged with OMVI. The court held that the trial court erred in denying defendant's motion to suppress. By pulling her police cruiser into the driveway to prevent defendant's vehicle and its occupants from leaving, the officer conducted an investigatory stop; yet, the police officer readily admitted that she had no suspicion of any criminal activity when she encountered defendant. Since the stop was not supported by reasonable suspicion, the fruit of the stop should have been suppressed. State v. Lewis, 2008-Ohio-5805, ¶ 1, 179 Ohio App. 3d 159, 161, 900 N.E.2d 1084, 1086
