Warrantless Search During a Traffic Stop

The State of Ohio appealed a case in the Court of Appeals of Ohio, Eight
Appellate District (County of Cuyahoga) regarding a defendant who was
granted motion to suppress. The defendant was detained at a traffic stop
after law enforcement observed what they claimed was reasonable suspicion
for a search.

A patrolman then searched the vehicle and found a concealed weapon and
a bag of marijuana, leading to a weapons and drug indictment. The “reasonable
cause for suspicion” given was that the defendant was acting overly-polite
and breathing heavily. At trial, the court found that these were not reasonable
causes for suspicion, and therefore the search was unwarranted. Motion
to suppress was granted.

The State appealed on the assignment of error that:

“The trial court erred in granting appellee’s motion to suppress
the evidence in this case as the detention and warrantless search of appellee’s
vehicle were not unreasonable.”

The appellate court found no merit in the State’s assignment of error,
and found that the trial court did not err in granting the motion to suppress,
since there was no cause for reasonable suspicion to search the defendant/appellee’s vehicle.