State v. Cope

Summary

The Ohio Second District Court of Appeals reversed Alexander Cope’s conviction for aggravated possession of drugs and remanded the case. The court held that deputies lacked a reasonable, objective basis to pat Cope down for weapons during a traffic stop, and therefore the trial court erred in denying his motion to suppress evidence obtained from the pat-down.

Holdings

1. A lawful Mimms order permitting officers to remove a passenger from a vehicle does not automatically authorize a pat-down. The State must establish, under the totality of the circumstances, a reasonable, objective basis to believe that the person is armed and dangerous. The deputies failed to establish such a basis here.

Questions Presented

1. Whether the deputies had a reasonable, objective basis under the Fourth Amendment and Terry v. Ohio to conduct a protective pat-down of Cope after ordering him out of a lawfully stopped vehicle.
2. Whether the trial court erred in denying Cope's motion to suppress evidence obtained as a result of the pat-down.

Disposition

reversed_and_remanded