DocketNumber: No. 22501.
Citation Numbers: 2008 Ohio 6737
Judges: FAIN, J.
Filed Date: 12/19/2008
Status: Precedential
Modified Date: 7/6/2016
{¶ 3} Two Miami Township police officers, Siefert and Siney, responded, and found the bus parked alongside the highway. Seifert boarded the bus, and saw Taylor, who matched the physical description of the passenger who was allegedly carrying drugs. Taylor was asked to step off the bus. After doing so, he was asked a few questions.
{¶ 4} Taylor, who by this time was handcuffed, consented to a search of a bag he had with him, and of his person. Nothing of interest was found in the bag. The officers found just over $5,000 in currency on Taylor's person. When asked about this, he explained that he was a rapper, and the money represented his payment for a *Page 3 performance in Atlanta.
{¶ 5} Taylor asked Siney what was going on. Siney said they were investigating alleged trafficking in illegal drugs. Taylor said, "two other guys with me, they are carrying drugs."
{¶ 6} Taylor was advised of his rights under Miranda v. Arizona
(1966),
{¶ 7} Another passenger told the police that Taylor had put a black bag in the overhead storage compartment toward the front of the bus, a few rows from where Taylor was seated. The officers found a black bag in the place described, and asked if it belonged to anyone. None of the passengers claimed it. The bag was brought to Taylor, who was by now in a police cruiser. Taylor denied that the bag was his. The bus driver said he did not know to whom the bag belonged, and that he did not want it on his bus if it did not belong to a passenger.
{¶ 8} The police officers, having determined that the black bag was abandoned, searched it. They found cocaine in the bag; also, a credit card in Taylor's name. When confronted with this information, Taylor said, "that is me, you got me."
{¶ 9} Taylor was arrested and charged with Possession of Cocaine. He moved to suppress the evidence, contending, among other things, that it was obtained as the result of an unlawful stop. Following a suppression hearing, the trial court overruled his motion. Thereafter, Taylor pled no contest, was found guilty, and was sentenced *Page 4 accordingly. From his conviction and sentence, Taylor appeals.
{¶ 11} "THE TRIAL COURT ERRED AND VIOLATED THE
{¶ 12} The phrasing of Taylor's assignment of error notwithstanding, it is the police, not the trial court, who allegedly, and in our view, did, violate Taylor's rights under the
{¶ 13} Taylor's brief raises a number of issues, but the issue of the propriety of the stop of the bus on which Taylor was a passenger is the only issue we need to discuss, since that issue is, in our view, dispositive. The searches that took place, and Taylor's statements, both before and after he was given his Miranda warnings, all flowed from the stop.
{¶ 14} As for the stop, both parties identify the key issue as the reliability of the informant whose information provided the basis for the stop. Taylor contends that this informant was anonymous, which is the type of informant having the least intrinsic reliability; the State contends that this informant was not anonymous. Specifically, the State contends that: "This information came during an interview that the drug unit had with the passenger at the Cincinnati bus station." The State does not cite a source in the record for this factual assertion, and we have found no source for it in the transcript of the suppression hearing. John DiPietro, the Miami Township police officer who received the information from the Cincinnati police department, testified that he was told *Page 5 "that they had received information from a passenger on the bus who was witness to drugs and money carried by the defendant * * * ." There is nothing in DiPietro's testimony to the effect that the informant was in the physical presence of the Cincinnati police officers, as opposed to having made the tip by telephone, or that the informant's identity was otherwise known to the Cincinnati police officers, so that the informant could be held to answer for making a false accusation. The trial court specifically found, in its decision overruling the motion to suppress, that: "The information they [the Miami Township police] received was second or third hand. It came from the Cincinnati Police Department who received it from an apparently anonymous tip."
{¶ 15} Even information from an anonymous informant may be sufficiently reliable for an investigative stop if the accuracy of the accusatory information is corroborated in some fashion, sufficient to establish reliability, before the stop. Thus, in Alabama v. White
(1990),
{¶ 16} By contrast, the information provided by the anonymous informant in the case before us did not include any prediction of the suspected drug courier's future behavior; it simply described the informant, the clothes he was wearing, and the one bag he was carrying on the bus, all of which any fellow passenger, or anyone having seen him board the bus, for that matter, could have observed. The obvious danger in relying upon information from an anonymous informant to justify an investigative stop and detention is that someone with a malicious motive to harass or annoy another can make a false report anonymously, with impunity. That danger would have existed here; Taylor's fellow passenger, if the anonymous informant even was a fellow passenger, could have been someone irritated with Taylor because of some real or imagined slight, disposed to get even by making a false report to the police.
{¶ 17} Of course, in the event, Taylor turned out to be someone carrying illegal drugs. But the purposes of the exclusionary rule are inconsistent with justifying a stop and detention based upon information that comes to the attention of the police only after, and as a result of, the stop and detention. Unless the police have the serendipitous good fortune to discover, as a result of an investigative stop and detention, evidence of some crime that is completely unrelated to the reasonable, articulable suspicion originally justifying the stop, any case where the exclusionary rule is invoked will necessarily involve a situation where evidence is obtained, as a result of the unlawful stop and detention, that corroborates the otherwise insufficiently reliable information that led to the stop.
{¶ 18} In State v. Bradley (1995),
{¶ 19} In State v. Ingram (1984),
{¶ 20} The State argues that even if the stop was unlawful, the evidence found in the black bag should not be suppressed, because it was abandoned. But this evidence was clearly obtained as a direct and proximate consequence of the unlawful stop of the bus, so that it constitutes the fruit of the poisoned tree, and must be excluded.
{¶ 21} Taylor's sole assignment of error is sustained.
WOLFF, P.J., and DONOVAN, J., concur.
Copies mailed to:
Mathias H. Heck, Jr.
Michele D. Phipps
Carlo C. McGinnis
*Page 1Hon. Timothy N. O'Connell