v.
Juan Williams
At approximately 9:30 a.m. on August 29, 1999, Ohio State Highway Patrol Trooper James Slusher, Jr. observed a vehicle traveling northbound on Interstate 71 at about fifty m.p.h. in a posted sixty-five m.p.h. zone. Trooper Slusher proceeded to follow the vehicle. He observed the vehicle travel over the right edge line as it approached a semi tractor-trailer; travel over the left edge line as it passed the semi; and cross the right edge line again after re-entering the right lane to complete the pass. Trooper Slusher stopped the vehicle due to "the possibility of impairment [of the driver]."
After Trooper Slusher identified appellant as the driver, he summoned backup officers to the scene because appellant appeared nervous and there was a question as to the ownership of the vehicle. While Trooper Slusher waited for the backup officers to arrive, he attempted to ascertain the identity of the vehicle's owner and he ran standard license and warrant checks. Approximately twenty-six minutes later, Trooper James D. Williams arrived with his canine partner, "Billi." At this time, Trooper Slusher read appellant his Miranda rights.
Trooper Williams and Billi walked around the vehicle. Billi alerted and indicated the passenger side of the vehicle. The troopers searched the vehicle and found sixty pounds of marijuana and $38,000 in the trunk. The troopers also found $25,000 located under the passenger's and driver's seats, a loaded .45 caliber Taurus handgun on the arm rest area of the back seat and a .9 millimeter handgun in a console immediately beside the driver's right leg.
The Clinton County Grand Jury indicted appellant on one count of possession of marijuana and two counts of carrying a concealed weapon. Appellant filed a motion to suppress, arguing that the circumstances of his detention and subsequent arrest violated the
On appeal, appellant raises the following assignment of error:
THE TRIAL COURT ERRED IN FAILING TO SUSTAIN THE SUPPRESSION MOTION BECAUSE THE VEHICLE STOP IN THIS CASE, AND THE SUBSEQUENT SEARCH AND ARREST VIOLATED THE
In his assignment of error, appellant asserts that the trial court erred by overruling his motion to suppress. He presents four issues for consideration. Appellant argues in his first issue that the initial stop was invalid. Appellant relies on State v. Gullett (1992),
The
In the case at hand, Trooper Slusher observed appellant's vehicle travel over the right edge line when it approached a semi truck, travel over the left edge line while passing the semi, and cross the right edge line again after it re-entered the right lane completing the pass. Appellant committed three marked lane violations in all. See R.C.
The cases cited by appellant concerning de minimis traffic violation stops have been effectively overruled by the Ohio Supreme Court's decisions in State v. Wilhelm (1998),
In his second issue, appellant argues that his subsequent detention was longer than necessary to effectuate the purpose of the original stop. An investigative stop may last no longer than necessary to achieve the purpose of the stop. Florida v. Royer (1983),
However, if the circumstances attending a stop produce a reasonable suspicion of some other illegal activity, the officer may detain the vehicle and driver for as long as that new articulable and reasonable suspicion continues. Id. Furthermore, when conducting an investigative stop for a traffic violation, a police officer may detain a motorist for a period of time sufficient to issue the motorist a citation and to perform routine procedures such as a computer check on the motorist's driver's license, registration and vehicle plates. State v. Carlson
(1995),
Trooper Slusher observed that appellant was nervous and there was a question about the ownership of the vehicle. Due to these indicators, Trooper Slusher had a reasonable suspicion of illegal activity. Further, while waiting for the canine unit to arrive, Trooper Slusher was attempting to complete the routine procedure of ascertaining the identity of the ownership of the vehicle. Under all these circumstances, appellant's twenty-six minute detention was not unreasonable.
Appellant argues in his third issue that the automobile exception for a warrantless search was not justified under the circumstances. However, in the case at hand, a canine sniff and alert preceded the search. This court has held that the use of a canine to conduct a sniff of an automobile is not a search and does not violate a reasonable expectation of privacy. State v. French (1995),
Finally, appellant argues in his fourth issue that the search of his vehicle constituted an impermissible search incident to arrest. This issue is rendered moot since we have concluded the troopers had probable cause to search the vehicle. See App.R. 12(A).
All the issues presented by appellant are without merit and the assignment of error is overruled.
___________________ POWELL, J.
VALEN, P.J., and WALSH, J., concur.