State v. Brooks

[Cite as State v. Brooks, 2015-Ohio-3465.]
COURT OF APPEALS
GUERNSEY COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. W. Scott Gwin, P.J.
Plaintiff - Appellee : Hon. Sheila G. Farmer, J.
: Hon. Craig R. Baldwin, J.
-vs- :
:
SHANA R. BROOKS : Case No. 15 CA 07
:
Defendant - Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Cambridge
Municipal Court, Case No.
14CRB01439
JUDGMENT: Affirmed
DATE OF JUDGMENT: August 24, 2015
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
MYRA K. SCHEURER SHANA R. BROOKS, pro se
Assistant Cambridge Law Director 2014 1/2 - 16th Street
150 Highland Avenue, Suite 2 Parkersburg, WV 26101
Cambridge, OH 43725
Guernsey County, Case No. 15 CA 07 2
Baldwin, J.
{¶1} Appellant Shana R. Brooks appeals a judgment of the Cambridge
Municipal Court convicting her of possession of drug paraphernalia in violation of R.C.
2925.12. Appellee is the State of Ohio.
STATEMENT OF FACTS AND CASE
{¶2} On December 2, 2014, Trooper Steven Roe of the Ohio State Highway
Patrol was on patrol on Interstate 77 in Guernsey County. He stopped a vehicle for a
suspected window tint violation. Appellant was riding in the passenger seat. Upon
discovering that the operator’s license of the driver of the vehicle was suspended and
that the driver had a criminal history of drug possession, he called Trooper Scott
Bayless to come to the scene with his canine. The dog alerted for the odor of drugs in
the vehicle. Trooper Roe searched appellant's purse and found a marijuana pipe inside.
{¶3} Appellant was charged with possession of drug paraphernalia in violation
of R.C. 2925.12, a misdemeanor offense. The case proceeded to bench trial in the
Cambridge Municipal Court. Appellant was convicted as charged. The court
suspended her driver's license for six months and fined her $100.00. She assigns one
error on appeal:
{¶4} "THE TRAFFIC STOP OF THE APPELLANT'S CAR AND SUBSEQUENT
SEARCH OF HER PURSE, FOR A WINDOW TINT VIOLATION, IN WHICH LEGAL
TRANSMITTANCE OF LIGHT WAS FOUND ON THE WINDOW AND NO TICKET
WAS ISSUED, VIOLATES THE CONSTITUTION OF THE UNITED STATES, 4TH
AMENDMENT RIGHTS."
Guernsey County, Case No. 15 CA 07 3
{¶5} While appellant argues that the stop of the vehicle and search of her purse
violated the Fourth Amendment, she failed to file a motion to suppress in the trial court.
{¶6} Crim. R. 12(C)(3) provides:
{¶7} "Prior to trial, any party may raise by motion any defense, objection,
evidentiary issue, or request that is capable of determination without the trial of the
general issue. The following must be raised before trial:
{¶8} "(3) Motions to suppress evidence, including but not limited to statements
and identification testimony, on the ground that it was illegally obtained. Such motions
shall be filed in the trial court only."
{¶9} By failing to file a motion to suppress illegally obtained evidence, a
defendant waives any objection to its admission. State v. Campbell, 69 Ohio St.3d 38,
44, 1994-Ohio-492, 630 N.E.2d 339, 347 (1994), citing State v. Wade, 53 Ohio St.2d
182, 373 N.E.2d 1244 paragraph three of the syllabus (1978); State v. F.O.E. Aerie
2295, 38 Ohio St.3d 53, 526 N.E.2d 66, paragraph two of the syllabus (1988).
{¶10} Accordingly, appellant has waived any objection to the admission of the
marijuana pipe by failing to file a motion to suppress on the grounds that the evidence
was obtained through an illegal stop and search.
Guernsey County, Case No. 15 CA 07 4
{¶11} The assignment of error is overruled. The judgment of the Cambridge
Municipal Court is affirmed. Costs are assessed to appellant.
By: Baldwin, J.
Gwin, P.J. and
Farmer, J. concur.