The State appealed after a Cuyahoga County trial judge granted a defendant's motion to suppress evidence found on his person after police stopped a van in which he was riding. Police stopped the van because an officer saw a man walk up to the van, make "hand to hand contact" with someone in the van, and then walk away. The police had a hunch a drug transaction had just taken place and they stopped the van. But it takes more than a hunch to justify a stop of a vehicle. The trial judge did not believe the officer could see what was exchanged or that anything was exchanged between the men. The officer testified that there was a "hand to hand" transaction, but labeling behavior this way is not enough to justify a stop for Fourth Amendment purposes. The trial judge found, and the Court of Appeals agreed, that the officer lacked "specific and articulable facts to support his reasonable belief that a crime may be occurring." The stop and search violated the Fourth Amendment and the Court of Appeals affirmed the trial court's decision to grant the defendant's motion to suppress. Read the decision in State v. Carmichael, 2011-Ohio-2921, here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
