State v. Chatton, 463 N.E.2d 1237 (Ohio 1984). · Go Syfert
State v. Chatton, 463 N.E.2d 1237 (Ohio 1984). Cases Citing This Book View Copy Cite
746 citation events (457 in the last 25 years) across 35 distinct courts.
Strongest positive: State v. Lansing (ohioctapp, 2025-04-03)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Lansing
Ohio Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
once the suspicion which gave rise to the initial stop evaporated, any additional intrusion or detention had to have been supported by specific and articulable facts demonstrating the reasonableness of the continued detention.
examined Cited as authority (verbatim quote) State v. Ballein
Ohio Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
once the suspicion which gave rise to the initial stop evaporated, any additional intrusion or detention had to have been supported by specific and articulable facts demonstrating the reasonableness of the continued detention.
cited Cited as authority (rule) Solon v. Moore
unknown court · 2025 · confidence medium
State v. Chatton, 11 Ohio St.3d 59, 62-63 (1984), overruled on other grounds.
cited Cited as authority (rule) State v. Dunlap
Ohio · 2024 · confidence medium
Id. at 59, 63 .
cited Cited as authority (rule) State v. Dunlap
Ohio · 2024 · confidence medium
Id. at 59, 63 .
cited Cited as authority (rule) State v. Sidey
Ohio Ct. App. · 2019 · confidence medium
Auglaize No. 2-07-30, 2008-Ohio-625, ¶ 8 , State v. Chatton, 11 Ohio St.3d 59, 61 (1984), State v. Purtee, 3d Dist.
cited Cited as authority (rule) State v. Parsons
Ohio Ct. App. · 2019 · confidence medium
Auglaize No. 2-07-30, 2008-Ohio-625, ¶ 8 , citing State v. Chatton, 11 Ohio St.3d 59, 61 (1984), and citing State v. Purtee, 3d Dist.
discussed Cited as authority (rule) State v. Yallah
Ohio Ct. App. · 2018 · confidence medium
State v. Chatton, 11 Ohio St.3d 59, 61 (1984). {¶9} Several appellate districts, including this court, have reasoned that weaving within a lane can lend support to an investigatory stop, even when such weaving itself is not illegal.
cited Cited as authority (rule) State v. Williamson
Ohio Ct. App. · 2017 · confidence medium
Auglaize No. 2-07-30, 2008-Ohio-625, ¶ 8 , citing State v. Chatton, 11 Ohio St.3d 59, 61 (1984), and citing State v. Purtee, 3d Dist.
discussed Cited as authority (rule) State of Iowa v. Jayel Antrone Coleman
Iowa · 2017 · confidence medium
See Holly v. State, 918 N.E.2d 323, 326 (Ind. 2009); Diaz-Ruiz, 211 P.3d at 836; Ferris v. State, 355 Md. 356 , 735 A.2d 491, 500 (1999); State v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1240-41 (1984); State v. Pichardo, 367 S.C. 84 , 623 S.E.2d 840, 852 (Ct. App. 2005); Davis v. State, 947 S.W.2d 240, 245-46 (Tex. Crim.
cited Cited as authority (rule) State v. Carver
Ohio Ct. App. · 2016 · confidence medium
Portage No. 2002-P-0061, 2004-Ohio-343, ¶22 , citing State v. Chatton, 11 Ohio St.3d 59, 63 (1984); see also State v. White, 8th Dist.
discussed Cited as authority (rule) United States v. Fuller
E.D. Mich. · 2015 · confidence medium
See also State v. Diaz, 850 So.2d 435 (Fla. 2003) (reversing conviction for driving with a suspended license where officer detained defendant and requested his license after the officer dispelled his suspicion that the defendant’s' vehicle’s tags were expired); People v. Redinger, 906 P.2d 81, 86 (Colo.1995) (suppressing evidence where officer detained defendant and asked for information after officer dispelled his suspicion that the defendant's vehicle lacked a license plate or temporary registration plate); State v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1240 (Ohio 1984) (suppressi…
discussed Cited as authority (rule) State v. Westover
Ohio Ct. App. · 2014 · confidence medium
Accordingly, "[a]n investigative stop does not violate the Fourth Amendment to the United States Constitution if the police have reasonable suspicion that 'the person stopped is, or is about to be, engaged in criminal activity.' " State v. Jordan, 104 Ohio St.3d 21 , 2004-Ohio-6085 , ¶ 35, quoting United States v. Cortez, 449 U.S. 411, 417 (1981). "[A]n investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop." Royer at 500 ; United States v. Brignoni–Ponce, 422 U.S. 873 (1975); State v. Chatton, 11 Ohio St.3d 59, 63 (1984). {¶ 17…
discussed Cited as authority (rule) State v. Sullivan
Ohio Ct. App. · 2014 · confidence medium
For example, in State v. Chatton, 11 Ohio St.3d 59, 63, fn.4 , (1984), the court, discussing the good faith exception to the federal exclusionary rule, stated that "even should a good faith exception to the exclusionary rule be recognized for Fourth Amendment purposes, the question still remains whether we would likewise recognize such an exception under Section 14, Article I of the Ohio Constitution." Similarly, in State v. Perkins, 18 Ohio St.3d 193 (1985), the court, finding Section 14, Article I of the Ohio Constitution to be coextensive with the Fourth Amendment, held that the inevitable …
discussed Cited as authority (rule) State v. Blair
Ohio Ct. App. · 2013 · confidence medium
However, the duration of the stop “is limited to ‘effectuate the purpose for which the initial stop was -11- Case No. 9-12-14 made.’ ” Id., quoting State v. Venham, 96 Ohio App.3d 649, 655 (4th Dist. 1994), citing United States v. Brignoni–Ponce, 422 U.S. 873, 95 (1975); State v. Chatton, 11 Ohio St.3d 59, 63 (1994).
discussed Cited as authority (rule) State v. Salyer
Ohio Ct. App. · 2013 · confidence medium
However, the duration of the stop “is limited to ‘effectuate the purpose for which the initial stop was made.’” Id., quoting State v. Venham, 96 Ohio App.3d 649, 655 (4th Dist.1994), citing United States v. Brignoni–Ponce, 422 U.S. 873 (1975); State v. Chatton, 11 Ohio St.3d 59, 63 (1994).
discussed Cited as authority (rule) United States v. Anthony Hollins
8th Cir. · 2012 · confidence medium
See also State v. Childs, 242 Neb. 426 , 495 N.W.2d 475, 481-82 (1993); State v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1240-41 (1984), superseded by statute as recognized in United States v. Elmore, 304 F.3d 557 , 561 n. 1 (6th Cir.2002); State v. Farley, 308 Or. 91 , 775 P.2d 835, 836 (1989) (basing its holding solely on Oregon statute).
cited Cited as authority (rule) United States v. Robert Jones
6th Cir. · 2012 · confidence medium
Ohio v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1240-41 (1984).
discussed Cited as authority (rule) State Of Iowa Vs. Robert Joseph Vance
Iowa · 2010 · confidence medium
See, e.g., United States v. Valadez, 267 F.3d 395, 398-99 (5th Cir.2001) (holding where an officer properly initiated a stop to investigate a motor-vehicle law violation and learned no violation had occurred, the purpose of the investigatory stop was satisfied and any further detention or investigation violated the Fourth Amendment); United States v. McSwain, 29 F.3d 558, 561-62 (10th Cir.1994) (same); People v. Redinger, 906 P.2d 81, 85-86 (Colo.1995) (same); State v. Diaz, 850 So.2d 435, 439-40 (Fla.2003) (same); State v. Silva, 91 Hawai'i 80 , 979 P.2d 1106, 1107 (1999) (same); Holly v. Sta…
discussed Cited as authority (rule) State v. Morris (2×)
Utah Ct. App. · 2009 · confidence medium
Without questioning the integrity or professionalism of police officers, we fear that adoption of the McSwain dicta would provide an incentive for questionable traffic stops and long-winded apologies, all in the hopes of potentially, as in this case, "getting a slight whiff of an alcoholic beverage." Cf. State v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1239-40 (1984) (discussing "the potential for abuse" if officers are allowed to continue to detain and investigate drivers even after the reasonable suspicion initially justifying the traffic stop has dissipated), superseded by statute as s…
discussed Cited as authority (rule) State v. Chism
Utah Ct. App. · 2005 · confidence medium
See, e.g., State v. Hickman, 491 N.W.2d 673, 675 (Minn.Ct.App.1992) (holding that officer’s observation of valid temporary tag dispelled reasonable suspicion of expired regis *712 tration); Ohio v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1240 (1984) (holding that officer's observation, of valid temporary tag dispelled reasonable suspicion of operating unlicensed vehicle); cf. McGaughey v. State, 37 P.3d 130, 136 (Okla.Crim.App.2001) ("The issue presented is whether an officer who stops a vehicle based upon a reasonable but mistaken belief [of a violation] can continue the traffic stop a…
discussed Cited as authority (rule) State v. Diaz
Fla. · 2003 · confidence medium
Similarly, the Ohio Supreme Court has held that detaining a driver and requesting his license and registration after the officer had determined the validity of the car's temporary tag was "akin to the random detentions struck down by the Supreme Court in Delaware v. Prouse ." State v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1240 (1984).
examined Cited as authority (rule) McGaughey v. State (3×) also: Cited "see"
Okla. Crim. App. · 2001 · confidence medium
The court cited various other courts as having "also recognized that once the purpose of an initially valid investigatory stop has been satisfied, any further detention or questioning of the driver . . . constitutes unreasonable and therefore unlawful detention prohibited by the Fourth Amendment." See id. at 85 (citations omitted). [40] See State v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1238-41 (1984) (per curiam) (officer who stopped vehicle that had no visible license plates had no authority to further detain driver or ask for his driver's license after he determined that car had vali…
examined Cited as authority (rule) State v. Penfield (3×)
Wash. Ct. App. · 2001 · confidence medium
The court framed the issue as “whether the police officer has continuing justification to detain appellee and demand production of his driver’s license once the police officer viewed the temporary tags lying on the rear deck of appellee’s vehicle.” Id. at 1239.
examined Cited as authority (rule) State v. Penfield (4×)
Wash. Ct. App. · 2001 · confidence medium
Id. at 1237-38.
examined Cited as authority (rule) State v. Butler (4×) also: Cited "see, e.g."
S.C. Ct. App. · 2000 · confidence medium
The officer who stopped Chatton justified his stop based on two grounds: the tag was not visibly displayed, and cars with temporary tags are often used in criminal activity. [15] Id. at 1239-40. [16] 242 Neb. 426 , 495 N.W.2d 475 (1993).
discussed Cited as authority (rule) State v. Bulls, Unpublished Decision (6-28-2000) (2×)
Ohio Ct. App. · 2000 · confidence medium
Id. at 60; R.C. 4503.21 .
discussed Cited as authority (rule) State v. Vento (2×)
S.D. · 1999 · confidence medium
Some citizens will be subjected to this minor indignity while others-perhaps those with more expensive cars, or different bumper stickers, or different-colored skin-may escape it entirely." State v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1240 (1984) (quoting Pennsylvania v. Mimms, 434 U.S. 106, 122 , 98 S.Ct. 330, 339 , 54 L.Ed.2d 331, 344 (1977) (Stevens, J., dissenting)).
discussed Cited as authority (rule) State v. Baumgartner, Unpublished Decision (6-11-1999)
Ohio Ct. App. · 1999 · confidence medium
However, the Supreme Court also indicated that the brief detention of the driver to make a courtesy explanation could not be connected to a continued detention and search, and the driver "should have been free to continue on his way without having to produce his driver's license." Id. at 63.
examined Cited as authority (rule) People v. Redinger (4×)
Colo. · 1995 · confidence medium
See United States v. Castillo, 864 F.Supp. 1090, 1096-97 (D.Utah 1994) (sequence of events is critical; when the objectives of the initial stop have been accomplished, no further police conduct is constitutionally permissible); Powell v. State, 649 So.2d 888, 889 (Fla.Dist.Ct.App.1995) (continued detention illegal if the reason for the initial stop is resolved); Rouse v. State, 643 So.2d 696, 697-98 (Fla.Dist.Ct App.1994) (initial stop for traffic detention can last no longer than the time necessary to write traffic citation; subsequent questioning and pat-down was illegal and cocaine discover…
discussed Cited as authority (rule) State v. Reynolds (2×)
N.M. · 1995 · confidence medium
Citing State v. Farley, 308 Or. 91 , 775 P.2d 835, 836 (1989), State v. DeAr-man, 54 Wash.App. 621 , 774 P.2d 1247, 1249 (1989), and State v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1240-41 (per curiam), cert. denied, 469 U.S. 856 , 105 S.Ct. 182 , 83 L.Ed.2d 116 (1984), for authority, the Court of Appeals asserted that “[t]he majority of courts that have addressed the issue have held that a police officer who stops a vehicle under similar circumstances is not entitled to request a driver’s license.” Reynolds, 117 N.M. at 26 , 868 P.2d at 671 .
examined Cited as authority (rule) State v. Venham (5×) also: Cited "see"
Ohio Ct. App. · 1994 · confidence medium
United States v. Brignoni-Ponce (1975), 422 U.S. 873 [ 95 S.Ct. 2574 , 45 L.Ed.2d 607 ]; State v. Chatton (1984), 11 Ohio St.3d 59, 63 [11 OBR 250, 253-254, 463 N.E.2d 1237, 1240-1241 ]; State v. Bevan (1992), 80 Ohio App.3d 126, 129 [ 608 N.E.2d 1099, 1101 ].
discussed Cited as authority (rule) State v. Reynolds
N.M. Ct. App. · 1994 · confidence medium
State v. Farley, 308 Or. 91 , 775 P.2d 835, 836 (1989) (when stopping vehicle without visible plates, officer was not entitled to request driver’s license after observing temporary sticker); State v. DeArman, 54 Wash.App. 621 , 774 P.2d 1247, 1249 (1989) (once deputy determined driver was not having difficulty, no right to compel identification); State v. Chatton, 11 Ohio St.3d 59 , 463 N.E.2d 1237, 1240-41 (1984) (per curiam) (once officer who stopped vehicle without license plate saw temporary sticker he was not entitled to request driver’s license), cert. denied, 469 U.S. 856 , 105 S.Ct…
discussed Cited "see" State v. Carrillo (2×)
Ohio Ct. App. · 2023 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶29} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop “as viewed through the eyes of the reasonable and prudent police officer on the scene who must react to events as they unfold.” State v. Andrews, 57 Ohio St.3d 86 , 87–88, 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
discussed Cited "see" State v. Ware (2×)
Ohio Ct. App. · 2023 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶ 21} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop "as viewed through the eyes of the reasonable and prudent police officer on the scene who must react to events as they unfold." State v. Andrews, 57 Ohio St.3d 86, 87-88 , 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
discussed Cited "see" State v. Kay (2×)
Ohio Ct. App. · 2022 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶ 15} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop "as viewed through the eyes of the reasonable and prudent police officer on the scene who must react to events as they unfold." State v. Andrews, 57 Ohio St.3d 86 , 87–88, 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
discussed Cited "see" State v. Johnson (2×)
Ohio Ct. App. · 2022 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984).
discussed Cited "see" State v. Triplett (2×)
Ohio Ct. App. · 2022 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984).
discussed Cited "see" State v. McLaughlin (2×)
Ohio Ct. App. · 2022 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984).
discussed Cited "see" State v. Boucher (2×)
Ohio Ct. App. · 2022 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶25} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop “as viewed through the eyes of the reasonable and prudent police officer on the scene who must react to events as they unfold.” State v. Andrews, 57 Ohio St.3d 86 , 87–88, 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
discussed Cited "see" State v. Myers (2×)
Ohio Ct. App. · 2021 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984).
discussed Cited "see" State v. Williams (2×)
Ohio Ct. App. · 2020 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶15} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop “as viewed through the eyes of the reasonable and prudent police officer on the scene who must react to events as they unfold.” State v. Andrews, 57 Ohio St.3d 86 , 87–88, 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
discussed Cited "see" State v. Waldron (2×)
Ohio Ct. App. · 2019 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶14} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop “as viewed through the eyes of the reasonable Delaware County, Case No. 18CAC020018 6 and prudent police officer on the scene who must react to events as they unfold.” State v. Andrews, 57 Ohio St.3d 86 , 87–88, 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
discussed Cited "see" State v. Hemela (2×)
Ohio Ct. App. · 2015 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984); Terry v. Ohio, 392 U.S. 1, 21-22 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968).
discussed Cited "see" State v. Campolo (2×)
Ohio Ct. App. · 2015 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶31} As noted by the court in State v. Grainreed, 1st Dist.
cited Cited "see" State v. Waters
Ohio Ct. App. · 2014 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 5961 , 463 N.E.2d 1237 (1984).
discussed Cited "see" State v. Caplinger (2×)
Ohio Ct. App. · 2013 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶16} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop “as viewed through the eyes of the reasonable and prudent police officer on the scene who must react to events as they unfold.” State v. Andrews, 57 Ohio St.3d 86 , 87–88, 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
discussed Cited "see" State v. Anderson (2×)
Ohio Ct. App. · 2013 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶17} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop “as viewed through the eyes of the reasonable and prudent police officer on the scene who must react to events as they unfold.” State v. Andrews, 57 Ohio St.3d 86 , 87–88, 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
discussed Cited "see" State v. Patel (2×)
Ohio Ct. App. · 2013 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶21} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop “as viewed through the eyes of the reasonable and prudent police officer on the scene who must react to events as they Stark County, Case No. 2012CA00190 8 unfold.” State v. Andrews, 57 Ohio St.3d 86, 87-88 , 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
discussed Cited "see" State v. Woods (2×)
Ohio Ct. App. · 2013 · signal: see · confidence high
See, State v. Chatton, 11 Ohio St.3d 59, 61 , 463 N.E.2d 1237 (1984). {¶60} The propriety of an investigative stop must be viewed in light of the totality of the circumstances surrounding the stop “as viewed through the eyes of the reasonable and prudent police officer on the scene who must react to events as they unfold.” State v. Andrews, 57 Ohio St.3d 86, 87-88 , 565 N.E.2d 1271 (1991); State v. Bobo, 37 Ohio St.3d 177, 178 , 524 N.E.2d 489 (1988).
Retrieving the full opinion text from the archive…
The State of Ohio
v.
Chatton
No. 83-645.
Ohio Supreme Court.
May 29, 1984.
463 N.E.2d 1237
Mr. John T. Corrigan, prosecuting attorney, and Mr. George J. Sadd, for appellant., Mr. John M. Badalian and Mr. Alfred C. Grisanti, for appellee.
Brown, Celebrezze, Dahling, Eleventh, Ford, Holmes, Locher, Sweeney.
Cited by 305 opinions  |  Published

Lead Opinion

Per Curiam.

The issue in the case sub judice is whether the police officer, having detained appellee for a suspected traffic violation, continued to possess the authority to detain appellee for the purpose of determining the validity of appellee’s driver’s license once the officer no longer had reason to suspect that appellee was committing any traffic violation. While the issue is easily stated, its resolution presents a weighty problem involving implications which extend beyond the facts of the case at bar.

The parties concede at the outset that the police officer was justified in stopping appellee’s vehicle since the vehicle displayed neither front nor rear license plates. R.C. 4503.21 requires that license plates with the appropriate validation sticker be displayed on the front and rear of all motor vehicles (with certain exceptions) and “shall be securely fastened so as not to swing.” R.C. 4503.182(A) provides that the purchaser of a motor vehicle may be issued a “temporary license placard” which may be used “to legally operate the motor vehicle while proper title and license plate registration is being obtained.” However, R.C. 4503.182 does not provide that these temporary license placards, commonly known as “temporary tags,” must be displayed in any particular fashion. While it may be accepted practice to display temporary tags on the rear of the vehicle or in the rear windshield, there appears to be no mandatory requirement that they be visibly displayed at all. Indeed, the General Assembly may deem it advisable to provide for the display of temporary tags at some future date. Nevertheless, the statutory framework in place at the time of appellee’s arrest, and in effect at this writing, does not call for the display of temporary tags. It follows that, as long as the operator of a motor vehicle without the standard front and rear metal license plates can produce a valid temporary tag, it cannot be said that the vehicle is being operated illegally or improperly.

The question necessarily becomes whether the police officer has continu[*61] ing justification to detain appellee and demand production of his driver’s license once the police officer viewed the temporary tags lying on the rear deck of appellee’s vehicle. We are compelled to respond in the negative.

It is firmly established that the detention of an individual by a law enforcement officer must, at the very least, be justified by “specific and articulable facts” indicating that the detention was reasonable. Terry v. Ohio (1968), 392 U.S. 1, 21-22 [44 O.O.2d 383]; State v. Freeman (1980), 64 Ohio St. 2d 291, 294 [18 O.O.3d 472]. In Brown v. Texas (1979), 443 U.S. 47, 51, Chief Justice Burger wrote for a unanimous court:

“* * * [T]he Fourth Amendment requires that a seizure must be based on specific, objective facts indicating that society’s legitimate interests require the seizure of the particular individual, or that the seizure must be carried out pursuant to a plan embodying explicit, neutral limitations on the conduct of individual officers.”

In Brown v. Texas, supra, the United States Supreme Court held that merely because an individual “looked suspicious” provided no justification to detain him and demand that he identify himself.

Furthermore, in Delaware v. Prouse (1979), 440 U.S. 648, the United States Supreme Court condemned the use of random stops of vehicles to check the validity of the operator’s driver’s license and the vehicle’s registration. The court held at 663:

“* * * [E]xcept in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver’s license and the registration of the automobile are unreasonable under the Fourth Amendment.”

The inquiry herein must focus upon whether Grossmeyer, the police officer in this case, harbored an “articulable and reasonable suspicion” that appellee was violating the law at the time appellee was detained and ordered to produce his driver’s license.[3] Grossmeyer testified that it was his belief that the law required temporary tags to be visibly displayed and that since appellee’s temporary tag was not so displayed, Grossmeyer had a duty to investigate the identity of the operator of the vehicle to determine if he was the owner or had the owner’s permission to operate the vehicle. Grossmeyer, an eleven-year veteran of the Maple Heights Police Department at the time of the suppression hearing, also testified that in his experience temporary tags were occasionally used to conceal the identity of stolen vehicles and were otherwise used illicitly.

The police officer’s testimony must be viewed in the context of his[*62] mistaken belief that it was a violation of the law not to display temporary tags. The reality of the situation is that the police officer, absent reference to the failure on appellee’s part to display his temporary tag, articulated no specific facts upon which a reasonable suspicion could be based that appellee was violating the law. If we were to uphold the detention of appellee to check the validity of his driver’s license upon the generalized statement that temporary tags are sometimes used in criminal activity, we would be sanctioning, in effect, the detention of the driver of any vehicle bearing temporary tags. We are unwilling to place our imprimatur on searches of the citizens of this state and their vehicles simply because of the lawful and innocuous presence of temporary tags. The potential for abuse if such a rule were in effect, through arrogant and unnecessary displays of authority, cannot be ignored or discounted.

“* * * [T]o eliminate any requirement that an officer be able to explain the reasons for his actions signals an abandonment of effective judicial supervision of this kind of seizure and leaves police discretion utterly without limits. Some citizens will be subjected to this minor indignity while others — perhaps those with more expensive cars, or different bumper stickers, or different-colored skin — may escape it entirely.” Pennsylvania v. Mimms (1977), 434 U.S. 106, 122, Stevens, J., dissenting.

The state relies heavily on New York v. Belton (1981), 453 U.S. 454, and Michigan v. Long (1983), 77 L. Ed. 2d 1201. In Belton, swpra, the United States Supreme Court held that when an occupant of an automobile is subject to custodial arrest, the scope of the permissible search incident to the lawful arrest includes the passenger compartment of the vehicle as well as containers found therein. In Long, supra, the United States Supreme Court held that a Terry search could validly extend beyond the person of the individual detained to the passenger compartment of the vehicle. Neither of these cases addresses the question presented herein. Both Belton and Long, supra, simply relate to the scope of a search once the circumstances exist to conduct the search. The question presented in this appeal deals with whether, in the first instance, the circumstances justified appellee’s detention to check the validity of his driver’s license.

Perhaps the closest the United States Supreme Court has come to resolving the issue confronting this court today was in Pennsylvania v. Mimms, supra. There, an individual was stopped when police officers observed that his vehicle had an expired license plate. The individual was ordered out of his car. The officers noticed a bulge in the individual’s jacket and proceeded to frisk him. A loaded handgun was discovered on his person, the gun was admitted as evidence, and the individual was convicted of carrying a concealed weapon. The Supreme Court upheld the validity of the search, holding that under Terry, the police officer could reasonably order the individual out of the car and conduct a limited search for weapons. See, also, State v. Darrington (1978), 54 Ohio St. 2d 321 [8 O.O.3d 318]. Nevertheless, the facts of the instant case are readily distinguishable. In Mimms, supra, the police of[*63] ficers continued to possess at least a reasonable suspicion throughout the search that the individual was driving an unregistered vehicle. By contrast, once the police officer herein observed the temporary tags, appellee could no longer be reasonably suspected of operating an unlicensed or unregistered vehicle. That characteristic immediately removes this appeal from the realm of Mimms or Darrington, supra.

In our view, because the police officer no longer maintained a reasonable suspicion that appellee’s vehicle was not properly licensed or registered, to further detain appellee and demand that he produce his driver’s license is akin to the random detentions struck down by the Supreme Court in Delaware v. Prouse, supra. Although the police officer, as a matter of courtesy, could have explained to appellee the reason he was initially detained, the police officer could not unite the search to this detention, and appellee should have been free to continue on his way without having to produce his driver’s license. Cf. United States v. Place (1983), 77 L. Ed. 2d 110 (prolonged detention unreasonable under Terry).

Consequently, where a police officer stops a motor vehicle which displays neither front nor rear license plates, but upon approaching the stopped vehicle observes a temporary tag which is visible through the rear windshield, the driver of the vehicle may not be detained further to determine the validity of his driver’s license absent some specific and articulable facts that the detention was reasonable. As a result, any evidence seized upon a subsequent search of the passenger compartment of the vehicle is inadmissible under the Fourth Amendment to the United States Constitution.

Accordingly, the judgment of the court of appeals is affirmed.[4]

Judgment affirmed.

Celebrezze, C.J., Ford, Locher, Holmes, C. Brown and J. P. Celebrezze, JJ., concur. Dahling, J., dissents. Ford, J., of the Eleventh Appellate District, sitting for W. Brown, J. Dahling, J., of the Eleventh Appellate District, sitting for Sweeney, J.
3

We are not confronted in the present appeal with an issue relating to whether the evidence seized was in plain view, Texas v. Brown (1983), 75 L. Ed. 2d 502; State v. Williams (1978), 55 Ohio St. 2d 82 [9 O.O.3d 81], or whether the evidence was seized pursuant to a lawful inventory of the vehicle, South Dakota v. Opperman (1976), 428 U.S. 364; State v. Robinson (1979), 58 Ohio St. 2d 478 [12 O.O.3d 394].

4

We acknowledge that in January of this year the United States Supreme Court heard arguments on whether to recognize a good faith exception to the Fourth Amendment exclusionary rule. Massachusetts v. Sheppard (1982), 387 Mass. 488, 441 N.E. 2d 725, certiorari granted (1983), 77 L. Ed. 2d 1386; United States v. Leon (C.A. 9, 1983), 701 F. 2d 187, certiorari granted (1983), 77 L. Ed. 2d 1386. It would appear that a mistaken belief on the part of a police officer that an individual’s conduct is a violation of the law would not fall within such a good faith exception if adopted by the Supreme Court. Nonetheless, even should a good faith exception to the exclusionary rule be recognized for Fourth Amendment purposes, the question remains whether we would likewise recognize such an exception under Section 14, Article I of the Ohio Constitution.

Dissent

Dahling, J.,

dissenting. Officer D. M. Grossmeyer testified that the initial stop and detention of appellee’s vehicle were predicated on the lack of observable license plates. After determining that appellee possessed a temporary tag, Grossmeyer inquired into the status of appellee’s driver’s license. A computer check of appellee’s driver’s license revealed that his driving privileges had been suspended. A computer recheck produced the same results.

At this point in the detention, probable cause existed for the arrest of appellee for no valid operator’s license. As a consequence, the subsequent search of the passenger compartment of appellee’s vehicle was within the guidelines of the Fourth Amendment. New York v. Belton (1981), 453 U.S. 454, states at page 460 that, “when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.”

Grossmeyer testified:
“Q. And what was your reason for stopping this automobile?
“A. There was [s-ic] no plates on the front or rear, visible.
“Q. And as a result of seeing no plates on either the front or the rear, you pulled the car over?
“A. Yes, I did sir.
“Q. And what did you do at that point?
“A. I approached the car, and I observed a 30 day tag laying [sic] on the back of the back deck of the vehicle.
“Q. At what point were you able to see the 30 day tag he had?
“A. You had to walk right up on [sic] it. You couldn’t see inside. Actually, you had to get out, walk up, and look in through the back window.
“Q. As a result of seeing a 30 day tag laying [sic] by the back window, what did you do?
“A. I requested registration information and identification from the driver. * * *
* *
“Q. And did he produce his driver’s license?
“A. Yes, he did.
“Q. What if anything did you do with the driver’s license?
“A. By that time I walked back to my police unit and requested information on the individual as far as driving record, the validity of his driver’s license, and any record. * * *
u* * *
“A. It came back from the Bureau of Motor Vehicles that the individual in question had no driving privileges until I believe ’82, September of ’82. He was under suspension.
“Q. As a result of learning, or discovering this information, what did you do?
“A. I walked back up to the vehicle, requested that he step out of the car.
[*65] “I advised him he was being placed under arrest, because he didn’t have a driver’s license.
“I then told him to stand — he was searched against the side of the car, and at that point after I patted him down; he was up against the car, I looked inside the vehicle and by checking underneath the seat I found a loaded weapon.
“Q. What type of weapon?
“A. It was a .44 Special. I think it was a Charter Arms.
“Q. So it is your testimony that when you discovered that his license was under suspension that you decided to place him under arrest?
“A. Absolutely, sir.
“Q. And after you placed him under arrest, you patted him down?
“A. Right.
“Q. And after you patted him down you searched under, or where did you find the gun again?
“A. It was under the driver’s seat. If you are sitting behind the seat, between your legs, on the floor, under the seat. It was in a leather holster. * *

Judge Burt Griffin, the trial judge below, fairly summarized the testimony as follows:

“So that the record may be clear, let me state the facts are that on February 19, 1981 that somewhere around 5:40 p.m. on Broadway Avenue in the City of Maple Heights, police officer Grossmeyer, of the Maple Heights Police Department saw a 1973 Oldsmobile proceeding in an opposite direction from him on Broadway, and he noticed that the front plate had no, that there were no front license plates [sic] visible.

“As the car passed him he turned to look at it, could not see any rear license plates [sic], so he did a U-turn, came up behind it, still could not see a rear license plate, and ordered the car stopped.

“When Officer Grossmeyer got out of his automobile and walked towards the car he got to the back of the car, he saw a thirty day tag lying horizontally on the back deck inside the back window of the automobile.

“This the officer believed was a violation of State requirements that a license plate, temporary license plate, like any license plate, must be visible.

“At that time, because in his experience, as he used it, temporary license plates can be misused, he decided to inquire further to ascertain whether this man was entitled to use the temporary license plate, and find out whether the driver was in fact the owner of the car, since it also was his experience that part of the misuse of temporary license plates is that they are used on cars that are either stolen, or used to commit crimes, so the police officer then asked the defendant for his driver’s license.

“It is to be noted at this point there was in the automobile the defendant’s nine year old daughter.

“The license plate was produced. The police officer checked it out by radio, back to his station, where then was made an entry in the computer[*66] system that the State of Ohio provided, and it came back that, told via radio, that the computer had reported that the man was driving without driving privileges, that his driver’s license had been suspended.

“At the request of the defendant he then checked again to see if this was still accurate, and a second check also produced proof that that license had been suspended, and in fact the license had been suspended at that time, although it subsequently developed that the State of Ohio conceded that they had improperly suspended his license.

“At that point, therefore, the officer concluded that he had to take the defendant into custody, and he patted him down for a search, and planned to transport him back to the police station.

“After the pat down search, the officer checked the automobile, searched the inside of the automobile, and where [sic] he found a gun under the driver’s seat, in a holster under the front seat, driver’s side of the automobile. * * *”

Apparently, the majority of this court feel that once the officer observed the temporary tag he should have let appellee go on his way. In my view, it was totally proper for the officer to ask for appellee’s driver’s license and to run a computer check.

I would hold that the trial court properly denied the motion to suppress and (after appellee’s no contest plea) found appellee guilty. The judgment of the court of appeals discharging appellee should be reversed.