Summary
This Ohio Court of Appeals decision affirms the defendant’s conviction and sentence for possession of cocaine after the trial court denied his motion to suppress evidence obtained during a traffic stop. The appellant argued that the stop lacked reasonable, articulable suspicion due to inconsistencies in the trooper’s testimony regarding visual speed estimation and radar use. The appellate court deferred to the trial court’s credibility findings and held that the officer’s training and visual observation provided sufficient grounds for the stop under the Fourth Amendment.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in denying Pullom’s motion to suppress on the ground that the traffic stop lacked reasonable, articulable suspicion.
Holdings
- The trial court did not err; a visual estimation of vehicle speed by a trained officer can constitute reasonable, articulable suspicion sufficient to justify a traffic stop.
Key quotations
“Thus, although Trooper Weaver’s testimony, in some respects, conflicted with the video evidence, we nonetheless find that, under the totality of the circumstances, the trial court did not err by finding that the stop of the vehicle for the speed violation was based on reasonable, articulable suspicion.” (¶22)
“A visual estimation of a vehicle’s speed can constitute reasonable and articulable suspicion.” (¶21)
Factual background
Trooper Weaver stopped Pullom’s vehicle after observing a burned‑out license‑plate light and an estimated speed exceeding the 25 mph limit. Weaver testified to visual speed estimation and his extensive training. Video evidence later showed inconsistencies in Weaver’s testimony regarding the stop and radar use.
Procedural history
Pullom was indicted for possession of cocaine, entered a not‑guilty plea, moved to suppress evidence from a traffic stop, the trial court denied the motion, Pullom entered a no‑contest plea, was sentenced to five years of community control, and appealed the denial of the motion to suppress.
Remand instructions
The cause is remanded to the trial court for execution of the judgment for costs.