DocketNumber: No. 22002.
Citation Numbers: 876 N.E.2d 1285, 172 Ohio App. 3d 756, 2007 Ohio 4097
Judges: BROGAN, Judge.
Filed Date: 8/10/2007
Status: Precedential
Modified Date: 1/13/2023
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 758
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 759
{¶ 1} Plaintiff-appellant, the State of Ohio, appeals from an order of the Common Pleas Court of Montgomery County granting the motion to suppress of defendant-appellee, James Etherington. Etherington was indicted for one count of possession of crack cocaine in an amount less than one gram in violation of R.C.
{¶ 2} On April 11, 2006, Detective Raymond St. Clair of the Dayton Police Department was conducting undercover surveillance of two pay phones at a car wash on the corner of East Third Street and Smithville Road in Dayton. At approximately 8:30 p.m., St. Clair witnessed the defendant, James Etherington, pull into the parking lot of the car wash, exit his vehicle, and use one of the payphones. When he finished making his call, Etherington returned to his vehicle and left the site. Suspecting that Etherington had just made a drug transaction, St. Clair followed Etherington to the intersection of North Harbine and Gaddis Boulevard, where Etherington stopped briefly at a yield sign. After one minute, St. Clair observed a second vehicle turn onto North Harbine from Gaddis and pull up alongside Etherington's vehicle. The two drivers engaged in a conversation. Then, St. Clair saw a black male pass his vehicle on the sidewalk proceeding toward Gaddis. When the unidentified male approached Etherington's vehicle, he stopped at the passenger side window and engaged Etherington in a short conversation. He then opened the passenger door and reached inside. Moments later, the unidentified male closed the door and walked away. *Page 760
{¶ 3} Following this encounter, Etherington proceeded through the intersection with St. Clair continuing to follow him. Etherington turned left onto Gaddis without using his turn signal. Consequently, St. Clair, who was in an unmarked vehicle and plain clothes, contacted Officer Mark Kinstle, a uniformed officer with whom St. Clair had been relaying his observations, to initiate a traffic stop.
{¶ 4} Etherington drove to his residence on Jersey Street, where he parked his vehicle and proceeded to his front door. St. Clair pulled up momentarily and parked his vehicle in the middle of the street. Identifying himself as a Dayton police officer, St. Clair approached Etherington. At the same time, Officer Kinstle arrived on the scene and activated his overhead lights. Etherington retreated toward the front door and attempted to gain entry into his home just as St. Clair reached him. Together, they passed through the door and into a room where Etherington's mother and great-niece were watching television. During their struggle, Etherington took a packet containing crack cocaine from his shirt pocket and threw it onto a chair inside the house.
{¶ 5} Once he had restrained Etherington, St. Clair handed him over to Officer Kinstle. St. Clair then retrieved the packet from the chair; its contents ultimately tested positive for crack cocaine. Kinstle handcuffed Etherington and took him to his cruiser, at which time he placed Etherington under arrest and read him hisMiranda warnings. Etherington acknowledged that he understood his rights. In response to whether the drugs were his and whether he had a drug problem, Etherington replied that "all he wanted to do was get a hit" and that he did have a crack problem, but he believed it was not out of control. Furthermore, Etherington stated that he ran from Detective St. Clair and threw the packet containing narcotics onto a chair inside the house because "he didn't want to be caught with his crack."
{¶ 6} Etherington filed a motion to suppress the evidence seized and the statements made. He contended that there was no probable cause or reasonable suspicion to believe that he was involved in criminal activity prior to being seized. Therefore, Etherington argued that the evidence, i.e., the crack cocaine and statements made to Officer Kinstle and Detective St. Clair, was recovered as a result of his unlawful search and seizure, and it must be suppressed. Following a hearing, the trial court agreed with Etherington and suppressed the evidence. The court found that Detective St. Clair lacked both probable cause and exigent circumstances in order to lawfully enter into Etherington's home without a warrant or consent. Specifically, the court held that Detective St. Clair's reliance on a minor-misdemeanor traffic violation did not create exigent circumstances sufficient to overcome the warrant requirement. Furthermore, the court found that the detective's observations of Etherington at the pay phone and in the intersection amounted to only a hunch of criminal activity, not a reasonable, *Page 761
articulable suspicion that would permit a stop under Terryv. Ohio (1968)
{¶ 7} The state's sole assignment of error is as follows:
{¶ 8} "The trial court erred in suppressing the rock of crack cocaine Detective St. Clair recovered from Etherington and the statements Etherington made to the officers after his arrest regarding the crack."
{¶ 9} The state contends that Detective St. Clair had a reasonable and articulable suspicion that Etherington was engaged in criminal activity, when taking into account the totality of the circumstances and the detective's observations as seen through the eyes of a reasonable and prudent officer with St. Clair's experience. Consequently, the state argues that St. Clair lawfully seized Etherington in order to prevent him from evading the search. Furthermore, the state claims that exigent circumstances existed because Etherington's mother and great-niece, who were inside the house when Etherington entered and threw the narcotics onto the chair, could have destroyed the evidence.
{¶ 10} When considering a motion to suppress, the trial court serves as the trier of fact; thus, it is in the best position to resolve conflicts in the evidence and determine the credibility of the witnesses and the weight to be given to their testimony. State v. Retherford (1994),
{¶ 11} Upon review of the record, we find that the trial court erred in suppressing the crack cocaine retrieved by Detective St. Clair. St. Clair had a reasonable, articulable suspicion that Etherington had engaged in a drug transaction, based on the detective's observations, experience, and training. Furthermore, St. Clair's warrantless entry into Etherington's home did not violate the Fourth Amendment, where his suspicion escalated into probable cause, and Etherington's flight from the officers created exigent circumstances. Accordingly, the judgment of the trial court will be reversed, and the matter will be remanded for further proceedings consistent with this opinion.
{¶ 12} It is well established that the police may stop and briefly detain people for investigative purposes based on a reasonable suspicion of criminal *Page 762
activity. Terry v. Ohio (1968),
{¶ 13} In light of the foregoing analysis, the Ohio Supreme Court has stated that the totality of the surrounding facts and circumstances of an individual case must be "viewed through the eyes of a reasonable and prudent police officer on the scene who must react to events as they unfold."State v. Andrews (1991),
{¶ 14} This court has found that an officer had reasonable suspicion that a defendant was engaged in an unlawful drug transaction when the officer testified that (1) he was familiar with the areas where drug activity was prevalent, (2) drug activity frequently occurred in the subject pay phone area, (3) the officer had between 20 and 30 contacts with drug activity in the subject area, and (4) the activity of the defendant and an unidentified person was consistent with drug transactions. State v. Oglesby, Montgomery App. No. 21648,
{¶ 15} Similarly, in State v. Hardin, Montgomery App. No. 21177,
{¶ 16} In contrast, a history of drug activity in an area alone will not raise an officer's suspicion to the level justifying a Terry stop. State v.Maldonado (Sept. 24, 1993), Montgomery App. No. 13530,
{¶ 17} Here, Detective St. Clair testified that he was conducting undercover surveillance in response to complaints of drug activity. He further provided that he had previously made arrests in the same area and had seen people use the subject telephones to conduct drug transactions. On the night in question, St. Clair observed Etherington use the pay phone for 30 seconds and then return to his vehicle. He then observed Etherington stop at a yield sign in an intersection and engage in a conversation with the driver of a passing vehicle. While doing so, Etherington was approached by an unidentified black male from the passenger side. They also engaged in a conversation, during which time the unidentified man opened the passenger side door, reached in, withdrew, closed the door, and walked away.
{¶ 18} We find that the totality of the facts and circumstances of this case support a reasonable suspicion to stop Etherington. When viewed through the eyes of Detective St. Clair, and understood on the basis of his experience and training, the facts here present a reasonable suspicion of drug activity sufficient to justify a Terry investigatory stop. Therefore, the trial court erred in finding that St. Clair's observations merely created a hunch that drug activity was afoot.
{¶ 19} Our analysis, however, does not end there. Citing Payton v. New York (1980),
{¶ 20} Probable cause to arrest exists when "the facts and circumstances within [the officers'] knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense."Beck v. Ohio (1964),
{¶ 21} In Sibron v. New York (1968),
{¶ 22} In the present matter, following the events that gave rise to a reasonable suspicion of drug activity, the record indicates that Etherington pulled up to his home, exited his car, and proceeded toward the front steps. Close behind, Detective St. Clair parked next to Etherington's car, exited his vehicle, and approached Etherington. As he approached, St. Clair identified himself as a Dayton police officer and stated that he wanted to talk. Simultaneously, Officer Kinstle arrived and turned on his patrol lights. When he saw the approaching detective and the lights of Kinstle's vehicle, Etherington quickly turned toward his front door and attempted to gain entry, with Detective St. Clair giving chase and finally catching him just at the threshold.
{¶ 23} We find that Etherington's flight from St. Clair after the detective identified himself as a Dayton police officer and after Officer Kinstle arrived and turned on his lights escalated St. Clair's reasonable suspicion of Etherington's involvement in a drug transaction to probable cause for his arrest.
{¶ 24} Next, a suspect may not thwart a lawful arrest by fleeing from a public place to a private place in order to evade police. United States v. Santana
(1976),
{¶ 25} In Santana, police officers approached a woman standing in the doorway of her home and holding a bag that contained money used in an undercover operation to buy heroin. Id. at 40,
{¶ 26} Here, St. Clair was in hot pursuit the moment Etherington turned and fled toward the front door of his home after the detective identified himself as a Dayton police officer and approached the defendant for questioning. St. Clair pursued him, ultimately reaching him at the threshold of the door just as Etherington was crossing.
{¶ 27} Based on these facts, we find that St. Clair's entrance into Etherington's home without a warrant or consent was lawful. Etherington's flight in a public place elevated St. Clair's pre-existing suspicion of drug activity into probable cause. Furthermore, in an effort to prevent Etherington from defeating arrest by escaping to a private place, St. Clair acted properly in giving chase and ultimately crossing the threshold of the home in hot pursuit.
{¶ 28} Having found that St. Clair lawfully entered into Etherington's home, we hold that the exclusionary rule may not be relied upon to suppress the crack cocaine that Etherington threw from his shirt pocket once inside his home. Accordingly, the state's sole assignment of error is sustained. The judgment of the trial court suppressing this evidence is reversed. However, as the trial court failed to consider the voluntariness of the statements Etherington made to the officers, we remand this matter to the trial court for further proceedings consistent with this opinion.
Judgment reversed and cause remanded.
*Page 766WOLFF and GRADY, JJ., concur.
State v. Retherford , 93 Ohio App. 3d 586 ( 1994 )
Payton v. New York , 100 S. Ct. 1371 ( 1980 )
United States v. Cortez , 101 S. Ct. 690 ( 1981 )
United States v. Watson , 96 S. Ct. 820 ( 1975 )
Terry v. Ohio , 88 S. Ct. 1868 ( 1968 )
Sibron v. New York , 88 S. Ct. 1889 ( 1968 )
United States v. Santana , 96 S. Ct. 2406 ( 1976 )
Ornelas v. United States , 116 S. Ct. 1657 ( 1996 )