Drug Offense Conviction Affirmed


This case began when an Ohio State Highway Patrol Trooper and Lieutenant observed a truck with a motorcycle in the back speeding down the road. The two then proceeded to observe the truck make an improper lane change within an intersection. After stopping the truck, the driver was asked for proof of ownership of the motorcycle, which he could not supply. The trooper asked the driver if he could search his truck. The driver denied this request so drug K-9s were called in to sniff the truck. The dogs found 50 pounds of marijuana. The driver was cited for an improper lane change and also charged with one count of marijuana possession which is a second degree felony.

After the defendant appealed, the judgment was affirmed. In this drug offense conviction, the Stark County Court of Common Pleas' denial of motion to suppress was not error because the stop that included summoning K-9 unit was not unreasonably long; police were permitted to verify ownership of truck and of motorcycle being transported in truck, taking less than 15 minutes. Read more: State v. Ackerson, 2013-Ohio-4020.