State v. Batchili, 865 N.E.2d 1282 (Ohio 2007). · Go Syfert
State v. Batchili, 865 N.E.2d 1282 (Ohio 2007). Cases Citing This Book View Copy Cite
435 citation events (435 in the last 25 years) across 5 distinct courts.
Strongest positive: State v. Ballein (ohioctapp, 2025-04-03)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 41 distinct citers.
discussed Cited as authority (rule) State v. Ballein
Ohio Ct. App. · 2025 · confidence medium
See also United States v. Sharpe, 470 U.S. 675 , 105 S.Ct. 1568 , 84 L.Ed.2d 605 (1985) (20 minute detention reasonable); Illinois v. Caballes, 543 U.S. 405, 410 , 125 S.Ct. 834 , 160 L.Ed.2d 842 (2005) (no constitutional violation when canine sniff less than 10 minutes after initiation of stop, defendant placed in cruiser and officer not yet issued a citation); Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, at ¶ 14 (no evidence to suggest detention for traffic violation of sufficient length to make it constitutionally dubious when dog alerted 8 minutes and 56 seconds into t…
discussed Cited as authority (rule) State v. Lansing
Ohio Ct. App. · 2025 · confidence medium
See also United States v. Sharpe, 470 U.S. 675 , 105 S.Ct. 1568 , 84 L.Ed.2d 605 (1985) (20 minute detention reasonable); Illinois v. Caballes, 543 U.S. 405, 410 , 125 S.Ct. 834 , 160 L.Ed.2d 842 (2005) (no constitutional violation when canine sniff less than 10 minutes after initiation of stop, defendant placed in cruiser and officer not yet issued a citation); Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, at ¶ 14 (no evidence to suggest detention for traffic violation of sufficient length to make it constitutionally dubious when dog alerted 8 minutes and 56 seconds into t…
discussed Cited as authority (rule) State v. Kincaid
Ohio Ct. App. · 2024 · confidence medium
See also United States v. Sharpe, 470 U.S. 675 , 105 S.Ct. 1568 , 84 L.Ed.2d 605 (1985) (20 minute detention reasonable); Illinois v. Caballes, 543 U.S. 405, 410 , 125 S.Ct. 834 , 160 L.Ed.2d 842 MEIGS 22CA4 15 (2005) (no constitutional violation when canine sniff less than 10 minutes after initiation of stop, defendant placed in cruiser and officer not yet issued a citation); Batchilli, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, at ¶ 14 (no evidence to suggest detention for traffic violation of sufficient length to make it constitutionally dubious when dog alerted eight minutes a…
discussed Cited as authority (rule) State v. Netter
Ohio Ct. App. · 2024 · confidence medium
See also United States v. Sharpe, 470 U.S. 675 , 105 S.Ct. 1568 , 84 L.Ed.2d 605 (1985) (20 minute detention [Cite as State v. Netter, 2024-Ohio-1068 .] reasonable); Illinois v. Caballes, 543 U.S. 405, 410 , 125 S.Ct. 834 , 160 L.Ed.2d 842 (2005) (no constitutional violation when canine sniff less than 10 minutes after initiation of stop, defendant placed in cruiser and officer not yet issued a citation); Batchilli, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, at ¶ 14 (no evidence to suggest detention for traffic violation of sufficient length to make it constitutionally dubious whe…
discussed Cited as authority (rule) State v. Thompson
unknown court · 2021 · confidence medium
See Bobo, 37 Ohio St.3d at 179 , 524 N.E.2d 489 (“ ‘The reputation of an area for criminal activity is an articulable fact upon which a police officer may legitimately rely in determining whether an investigative stop is warranted.’ ”), quoting 8 OHIO FIRST DISTRICT COURT OF APPEALS United States v. Magda, 547 F.2d 756, 758 (2d Cir.1976); Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, at ¶ 19 (“nervous interaction” and “tinted windows,” along with other factors, supported reasonable suspicion).
discussed Cited as authority (rule) State v. Cassel
Ohio Ct. App. · 2021 · confidence medium
The determination as to whether “an objective and particularized suspicion that criminal activity was afoot must be based on * * * a totality of the surrounding circumstances.” State v. Andrews, 57 Ohio St.3d 86, 87 , 565 N.E.2d 1271 (1991); State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 19 (“[t]he ‘reasonable and articulable suspicion’ analysis is based on the collection of factors, not on the individual factors themselves”). {¶20} The facts available to Officers Pecnik and Merrifield in the present case readily support the conclusion that the invest…
cited Cited as authority (rule) State v. Barnett
Ohio Ct. App. · 2018 · confidence medium
Id. at ¶ 12, quoting Batchili , 113 Ohio St.3d 403 , 865 N.E.2d 1282 at ¶ 11. {¶ 41} I would also note the following facts.
discussed Cited "see" State v. Olan (2×)
Ohio Ct. App. · 2024 · signal: see · confidence high
See State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 12 (When one has been detained so that the police may investigate a traffic violation, the police may detain the individual for the length of time necessary to check the driver’s license, vehicle’s registration, and the vehicle’s license plate.). {¶23} Moreover, this argument relies on a portion of the video that the trial court did not view during the motion-to-suppress hearing or consider in making its determination.
discussed Cited "see" State v. Carrillo (2×)
Ohio Ct. App. · 2023 · signal: see · confidence high
See Batchili, supra, 113 Ohio St.3d 403 , 2007- Ohio-2204, 865 N.E.2d 1282 . {¶43} The trial court's decision overruling appellant’s motion to suppress evidence is based upon competent, credible, evidence.
discussed Cited "see" State v. Burke (2×)
Ohio Ct. App. · 2022 · signal: accord · confidence high
Accord State v. Ojezua, 2016-Ohio-2659 , 50 N.E.3d 14 , ¶ 15 (2d Dist.) {¶ 25} “The Fourth Amendment imposes a reasonableness standard upon the exercise of discretion by government officials. * * * ‘Thus, the permissibility of a particular law enforcement practice is judged by balancing its intrusion on the individual's Fourth Amendment interests against its promotion of legitimate governmental interests.’ ” State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 11 , quoting Delaware v. Prouse, 440 U.S. 648, 654 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979).
discussed Cited "see" State v. Angers (2×)
Ohio Ct. App. · 2021 · signal: see · confidence high
Id.; see State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282 (2007), paragraph two of the syllabus.
discussed Cited "see" State v. Thomas
Ohio Ct. App. · 2020 · signal: accord · confidence high
Accord State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , ¶ 22 (A traffic stop may be lawfully prolonged if “reasonable suspicion under the totality of the circumstances justified the ongoing detention.”). {¶24} Reasonable suspicion involves more than a mere hunch as to the likelihood of criminal activity, but something less than what is required to demonstrate probable cause.
discussed Cited "see" State v. Chambers (2×)
Ohio Ct. App. · 2020 · signal: see · confidence high
See, State v. Batchili, 113 Ohio St.3d 403 , 865 N.E.2d 1282, ¶ 19 .
cited Cited "see" State v. Lawler
Ohio Ct. App. · 2020 · signal: see · confidence high
See Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , at ¶ 15.
discussed Cited "see" State v. Brooks
Ohio Ct. App. · 2016 · signal: see · confidence high
See Batchili, 113 Ohio St.3d 403 , 2007–Ohio–2204, at ¶ 14 (concluding that there “simply [was] no evidence to suggest that [the defendant]’s detention for the traffic violation was of sufficient length to make it constitutionally dubious” where the drug dog alerted approximately nine minutes into stop and the traffic citation had not yet been completed); State v. Jackson, 9th Dist.
discussed Cited "see" State v. Emmons (2×)
Ohio Ct. App. · 2016 · signal: see · confidence high
See State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 12 . 5 OHIO FIRST DISTRICT COURT OF APPEALS {¶14} Contrary to the trial court’s finding, it is well settled that once a vehicle has been lawfully detained for a traffic violation, police officers may order the driver to get out of the car without violating the Fourth Amendment’s proscriptions against unreasonable searches and seizures.
cited Cited "see" State v. Velazquez
Ohio Ct. App. · 2016 · signal: see · confidence high
See State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 . {¶17} Upon review, we find the trial court did not err in denying the motion to suppress. {¶18} Assignment of Error I is denied.
cited Cited "see" State v. Norvet
Ohio Ct. App. · 2016 · signal: see · confidence high
See Ross, 2012-Ohio-6111, at ¶ 8 , quoting Davenport, 2012-Ohio-4427, at ¶ 6 , quoting Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , at ¶ 12.
discussed Cited "see" State v. Hancock (2×)
Ohio Ct. App. · 2016 · signal: see · confidence high
Id.; see State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282 (2007), paragraph two of the syllabus. {¶11} Failure to call the dispatcher or the informant to testify at the suppression hearing is not fatal to the state’s burden.
discussed Cited "see" State v. Hall (2×)
Ohio Ct. App. · 2016 · signal: see · confidence high
See State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 15 . {¶23} We are convinced that Officer Carnine lacked the requisite intent to arrest Hall for OVI at any point before he formally placed her under arrest, and that Hall could not have understood that she was under arrest before that time.
cited Cited "see" State v. Baker
Ohio Ct. App. · 2015 · signal: see · confidence high
See, State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 ; State v. Lattimore, 10th Dist.
examined Cited "see" State v. Reece (4×) also: Cited "see, e.g."
Ohio Ct. App. · 2015 · signal: see · confidence high
See State v. Batchilli, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 8 ; Dayton v. Erickson, 76 Ohio St.3d 3 , 665 N.E.2d 1091 (1996), syllabus. 5 OHIO FIRST DISTRICT COURT OF APPEALS {¶15} Reece next argues that once he had provided Officer Hussels with his driver’s license and refused to consent to a search of the vehicle, she exceeded the scope of the traffic stop by ordering him out of the vehicle and detaining him further while Officer Mendoza and his dog performed the drug sniff around the perimeter of his vehicle.
discussed Cited "see" State v. Aldridge (2×)
Ohio Ct. App. · 2014 · signal: see · confidence high
See State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 21 , quoting Dayton v. Erickson, 76 Ohio St.3d 3 , 665 N.E.2d 1091 (1996), syllabus (“Where a police officer stops a vehicle based on probable cause that a traffic violation has occurred or was occurring, the stop is not unreasonable under the -6- Case No. 9-13-54 Fourth Amendment to the United States Constitution.”); State v. Robinette, 80 Ohio St.3d 234, 239 , 685 N.E.2d 762 (1997) (holding that stopping the defendant who was speeding was justified). {¶11} Aldridge submits that while Trooper Smith observed …
cited Cited "see" State v. Bosher
Ohio Ct. App. · 2014 · signal: see · confidence high
See State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , ¶ 18-19; State v. Taylor, 10th Dist.
cited Cited "see" Ashland v. Zehner
Ohio Ct. App. · 2012 · signal: see · confidence high
See, State v. Batchili, 113 Ohio St.3d 403, ¶19 . {¶16} In the case at bar, the officers had lawfully stopped the automobile in which appellant was a passenger for a traffic violation.
discussed Cited "see" State v. Hawkins
Ohio Ct. App. · 2012 · signal: see · confidence high
See State v. Dunlap, 73 Ohio St.3d 308, 314 , 1995–Ohio–243, State v. Fanning (1982), 1 Ohio St.3d 19, 20 . {¶29} In this case, the State of Ohio argues that trial court erred in finding that the officer’s detention of Appellee became unreasonable when it “lasted longer than necessary to effectuate the purposes of the stop.” {¶30} “[W]hen detaining a motorist for a traffic violation, an officer may delay a motorist for a time period sufficient to issue a ticket or a warning.” State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , at ¶ 12.
discussed Cited "see" State v. Troutman (2×)
Ohio Ct. App. · 2012 · signal: see · confidence high
See Delaware v. Prouse, 440 U.S. 648, 659 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979). “‘In determining if an officer completed these tasks within a reasonable length of time, the court must evaluate the duration of the stop in light of the totality of the circumstances and consider whether the officer diligently conducted the investigation.’” State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 12 , quoting State v. Carlso, 102 Ohio App.3d 585, 598-99 , 657 N.E.2d 591 (9th Dist. 1995). {¶23} In addition, a lawfully detained vehicle may be subjected to a canine sni…
examined Cited "see" State v. Whitman (4×)
Ohio Ct. App. · 2009 · signal: see · confidence high
See State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, at ¶ 8 ; State v. Woodson, Stark App. No. 2007-CA-00151, 2008-Ohio-670 , 2008 WL 442569 , at ¶ 19. {¶ 9} The use of a drug-detection dog does not constitute a “search,” and an officer is not required, prior to a dog sniff, to establish either probable cause or a reasonable suspicion that drugs are concealed in a vehicle.
cited Cited "see" State v. Bickel, 2006-Coa-034 (7-10-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See, State v. Batchili , 113 Ohio St.3d 403 , 2007-Ohio-2204 ; Lattimore , supra, 2003-Ohio-6829 *Page 10 at ¶ 12-13 .
cited Cited "see" State v. Bickel, 2006-Coa-034 (6-29-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See, State v. Batchili , 113 Ohio St.3d 403 , 2007-Ohio-2204 ; Lattimore , supra, 2003-Ohio-6829 *Page 10 at ¶ 12-13 .
discussed Cited "see, e.g." State v. Guice (2×)
Ohio Ct. App. · 2024 · signal: see, e.g. · confidence low
See e.g., State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282 (nine minutes, but prior to the completion of background check); State v. Bell, 12th Dist.
cited Cited "see, e.g." State v. Compton
Ohio Ct. App. · 2022 · signal: see also · confidence low
See also State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , ¶ 12, citing State v. Howard, 12th Dist.
cited Cited "see, e.g." State v. Garver
Ohio Ct. App. · 2021 · signal: see also · confidence low
See also State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , ¶ 12, quoting State v. Howard, 12th Dist.
cited Cited "see, e.g." State v. Iloba
Ohio Ct. App. · 2021 · signal: see also · confidence low
See also State v. Batchili, 113 Ohio St.3d 403 , 2007- Ohio-2204, ¶ 12, citing State v. Howard, 12th Dist.
cited Cited "see, e.g." State v. A.C.
Ohio Ct. App. · 2020 · signal: see also · confidence low
See also State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio- 2204, ¶ 12, citing State v. Howard, 12th Dist.
discussed Cited "see, e.g." State v. Chapman (2×)
Ohio Ct. App. · 2019 · signal: see, e.g. · confidence low
See e.g., State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282 (nine minutes, but prior to the completion of background check); State v. Bell, 12th Dist.
discussed Cited "see, e.g." State v. Casey
Ohio Ct. App. · 2014 · signal: see also · confidence low
Butler No. CA2010-05-128, 2011-Ohio-791 , ¶ 13; see also State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , ¶ 13. {¶ 21} In the present case, it is undisputed that Officer Christian was permitted to affect a traffic stop after observing the absence of a rear bumper and dangling license plate in violation of R.C. 4513.021.
discussed Cited "see, e.g." State v. Jackson (2×)
Ohio Ct. App. · 2014 · signal: see also · confidence low
See also State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 12, 14 ; State v. Robinette, 80 Ohio St.3d 234, 239 , 685 N.E.2d 762 (1997) (officer can request consent to search during the time reasonably necessary to process the citation) {¶26} In this court’s Elliott case, the officer asked for a canine unit and learned 36 minutes after the initial stop that the canine unit would not be arriving, at which time he decided to conduct field sobriety tests.
discussed Cited "see, e.g." State v. Koczwara (2×)
Ohio Ct. App. · 2014 · signal: see also · confidence low
See also State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio-2204 , 865 N.E.2d 1282, ¶ 19 (the test is based upon a collection of factors, not the individual factors themselves). {¶16} An inchoate hunch or unparticularized suspicion about criminal activity is not sufficient, but the suspicion required need not rise to the level of probable cause for arrest.
cited Cited "see, e.g." State v. Duran
Ohio Ct. App. · 2012 · signal: see, e.g. · confidence low
See, e.g., State v. Batchili, 113 Ohio St.3d 403 , 2007-Ohio- 2204, paragraph one of the syllabus.
discussed Cited "see, e.g." State v. Stanley, 06ap-323 (6-7-2007)
Ohio Ct. App. · 2007 · signal: see also · confidence low
See, also, State v. Batchili , 113 Ohio St.3d 403 , 2007-Ohio-2204 (analyzing the constitutionality of a prolonged traffic stop involving background checks, facts giving rise to a reasonable, articulable suspicion of criminal activity beyond that which prompted the initial stop, and a drug dog alert on the vehicle). *Page 9 {¶ 19} Defendant argues that there was no reasonable basis to justify his continued detention beyond the time necessary to give him his traffic ticket.
The State of Ohio
v.
Batchili
No. 2005-2420.
Ohio Supreme Court.
May 23, 2007.
865 N.E.2d 1282
Julia R. Bates, Lucas County Prosecuting Attorney, and Kevin A. Pituch, Assistant Prosecuting Attorney, for appellant., Douglas A. Wilkins, for appellee.
Accepted, Began, Connor, Consideration, Cupp, Dismiss, Donnell, Ended, Lanzinger, Moyer, Pfeifer, Resnick, Stratton, Twelfth, Walsh, Whose.
Cited by 209 opinions  |  Published

Lead Opinion

O’Connor, J.

{¶ 1} In this case, we are called upon to determine whether the Fourth Amendment is violated when a police officer conducting a traffic stop calls for a canine “walk around” while waiting for the results of a criminal background check. We conclude that constitutional protections of the Fourth Amendment were not violated by the police action in this case.

I. Background

{¶ 2} Lacina Batchili was convicted after a jury trial of one count of theft and one count of receiving stolen property. The evidence produced at trial resulted from a traffic stop on the Ohio Turnpike on January 29, 2003. Before trial, Batchili had unsuccessfully moved to dismiss all evidence resulting from the warrantless detention and arrest. Batchili appealed his conviction, arguing in part that the evidence should have been suppressed because it was found during a routine traffic stop that became an unconstitutionally lengthy search and seizure.[1]

{¶ 3} Ohio State Highway Patrol Trooper Stacey Arnold testified that prior to the stop, she had decided to follow the van that Batchili was driving. After observing Batchili commit a marked-lanes violation, see R.C. 4511.33, she activated her overhead emergency lights to signal Batchili to pull over. He did not do so for two miles.

{¶ 4} Trooper Arnold observed that Batchili’s van had tinted windows and a cargo hold containing boxes in disarray, which were covered with blankets. She asked for and received Batchili’s driver’s license and registration, which indicated that Batchili did not own the vehicle. Batchili gave conflicting answers as to who owned the vehicle, did not make regular eye contact, and had shaking hands. In addition, Trooper Arnold smelled deodorizer in the vehicle.

{¶ 5} Trooper Arnold returned to her cruiser to check the validity of the driver’s license and to determine whether there were any warrants against Batchili. She also called for backup from her partner, Trooper Aejo Romero, whom she asked to conduct a “walk around with the canine” to detect drugs. Trooper Romero arrived, and the dog immediately alerted on the vehicle.

[*405] {¶ 6} Because of the dog’s response, the troopers conducted a warrantless search of the van, in which they found boxes of pirated videotapes and DVDs, but no drugs. Batchili was then arrested and later indicted on one count of theft, one count of receiving stolen property, one count of trademark counterfeiting, one count of money laundering, and one count of forgery.

{¶ 7} The Sixth District Court of Appeals agreed with Batchili’s argument that the evidence should have been suppressed. State v. Batchili, 6th Dist. No. L-04-1039, 2005-Ohio-6001, 2005 WL 3008917. It held that the state did not present evidence of “specific and articulable facts giving rise to a reasonable suspicion of criminal activity beyond that which prompted the stop.” Id., ¶ 14. As a result, the court held that the search violated the Fourth and Fourteenth Amendments to the United States Constitution and Section 14, Article I of the Ohio Constitution because “[n]one of those factors [that had concerned the state trooper], when considered alone, would be sufficient to support a finding of reasonable suspicion.” (Emphasis added.) Id.

II. Analysis

{¶ 8} The legality of the traffic stop is not disputed. The officers’ suppression-hearing testimony that Batchili was pulled over for a marked-lane violation is uncontroverted and served as the lawful basis for the stop. Dayton v. Erickson (1996), 76 Ohio St.3d 3, 665 N.E.2d 1091, syllabus. The focus of the inquiry, therefore, is whether there was an illegally prolonged detention of Batchili, given the trooper’s observations.

{¶ 9} The Sixth District’s opinion strays from clearly established precedent in three ways. First, it fails to conduct any analysis as to whether the length of the stop was impermissible before the dog arrived at the scene of the stop. Second, it misapplies the “reasonable and articulable suspicion” standard to conclude that the request for the dog was unconstitutional.' Finally, it describes the failure to issue a citation for the marked-lane violation as a troubling factor.

{¶ 10} The Sixth District found merit in Batchili’s assertion that Trooper Arnold did not have sufficient cause to prolong the traffic stop until another trooper responded with the dog and that Batchili’s continued detention for that purpose constituted an illegal seizure. The essential argument is that the arrival of the canine unit took longer than it should have taken Trooper Arnold to write a traffic citation for a marked-lane violation. However, the Sixth District never analyzed whether the length of the stop prior to the dog’s alert was reasonable.

{¶ 11} The Fourth Amendment imposes a reasonableness standard upon the exercise of discretion by government officials. Delaware v. Prouse (1979), 440 U.S. 648, 653-654, 99 S.Ct. 1391, 59 L.Ed.2d 660. “Thus, the permissibility of a particular law enforcement practice is judged by balancing its intrusion on the[*406] individual’s Fourth Amendment interests against its promotion of legitimate governmental interests.” Id. at 654, 99 S.Ct. 1391, 59 L.Ed.2d 660. To justify a particular intrusion, the officer must demonstrate “specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” Terry v. Ohio (1968), 392 U.S. 1, 21, 88 S.Ct. 1868, 20 L.Ed.2d 889.

{¶ 12} The facts of this case ax*e almost directly aligned with those of the Twelfth District Court of Appeals case State v. Howard, Preble App. Nos. CA2006-02-002 and CA2006-02-003, 2006-Ohio-5656, 2006 WL 3059799, ¶ 15, which held, “[W]hen detaining a motorist for a traffic violation, an officer may delay the motorist for a time period sufficient to issue a ticket or a warning. State v. Keathley (1988), 55 Ohio App.3d 130, 131 [562 N.E.2d 932], This measure includes the period of time sufficient to run a computer check on the driver’s license, registration, and vehicle plates. State v. Bolden, Preble App. No. CA2003-03-007, 2004-Ohio-184 [2004 WL 77617], ¶ 17, citing Delaware v. Prouse (1979), 440 U.S. 648, 659, 99 S.Ct. 1391 [59 L.Ed.2d 660]. ‘In determining if an officer completed these tasks within a reasonable length of time, the court must evaluate the duration of the stop in light of the totality of the circumstances and consider whether the officer diligently conducted the investigation.’ State v. Carlson (1995), 102 Ohio App.3d 585, 598-599 [657 N.E.2d 591], citing State v. Cook (1992), 65 Ohio St.3d 516, 521-522 [605 N.E.2d 70], and U.S. v. Sharpe (1985), 470 U.S. 675, 105 S.Ct. 1568 [84 L.Ed.2d 605].”

{¶ 13} The record establishes that at the time the dog alerted, eight minutes and 56 seconds into the stop, Trooper Arnold was still waiting for the results of the criminal-background check. She further testified that it would take her approximately five to ten minutes to issue a warning, and anywhere from ten to 20 minutes to issue an actual citation.

{¶ 14} There simply is no evidence to suggest that Batchili’s detention for the traffic violation was of sufficient length to make it constitutionally dubious. A traffic stop is not unconstitutionally prolonged when permissible background checks have been diligently undertaken and not yet completed at the time a drug dog alerts on the vehicle. There is no showing that the detention was delayed so that the dog could conduct its search, and therefore, there was no constitutional violation.

{¶ 15} Moreover, assuming the detention was actually prolonged by the request for a dog search, “the detention of a stopped driver may continue beyond [the normal] time frame when additional facts are encountered that give rise to a reasonable, articulable suspicion of criminal activity beyond that which prompted the initial stop. State v. Myers (1990), 63 Ohio App.3d 765, 771 [580 N.E.2d 61];[*407] State v. Venham [1994], 96 Ohio App.3d [649,] 655 [645 N.E.2d 831].” Howard, 2006-Ohio-5656, 2006 WL 3059799, at ¶ 16.

{¶ 16} It is here that the Sixth District’s reasoning takes a drastic turn from established law. It noted that an extended investigation must be justified by an “objective manifestation that the person stopped is, ‘or is about to be, engaged in criminal activity.’ ” Batchili, 2005-Ohio-6001, 2005 WL 3008917, ¶ 11, quoting United States v. Cortez (1981), 449 U.S. 411, 417, 101 S.Ct. 690, 66 L.Ed.2d 621.

{¶ 17} It failed to note, however, that the “reasonable and articulable” standard applied to a prolonged traffic stop encompasses the totality of the circumstances and that a court may not evaluate in isolation each articulated reason for the stop. United States v. Arvizu (2002), 534 U.S. 266, 274, 122 S.Ct. 744, 151 L.Ed.2d 740.

{¶ 18} The Sixth District here did exactly what the United States Supreme Court prohibited in Arvizu-. it substituted its own judgment as to each of the reasons listed supporting Trooper Arnold’s justification for her articulable suspicion and concluded that because each had an innocent explanation, her suspicion was not reasonable. Batchili, 2005-Ohio-6001, 2005 WL 3008917, ¶ 14. The court even concluded, “[N]one of those factors, when considered alone, would be sufficient to support a finding of reasonable suspicion.” (Emphasis added.) Id.

{¶ 19} Terry “precludes this sort of divide-and-conquer analysis.” Arvizu, 534 U.S. at 274, 122 S.Ct. 744, 151 L.Ed.2d 740. The “reasonable and articulable suspicion” analysis is based on the collection of factors, not on the individual factors themselves. Here, Trooper Arnold listed a number of causes for suspicion (failure to stop for two miles, nervous interaction, multiple statements as to who owned the vehicle, tinted windows, cargo compartment in disarray and with blankets covering boxes, and a vehicle smelling of deodorizer), which cumulatively provided a sufficient reason for additional detention for the purposes of a canine walk-around. Therefore, even if the length of the detention had been unreasonable for the sole purpose of issuing the citation, Trooper Arnold was justified in extending the stop for a canine search.

{¶ 20} The Sixth District also noted that it was “troubled” that Trooper Arnold never cited Batchili for the traffic offense that prompted the stop. Batchili, 2005-Ohio-6001, 2005 WL 3008917, ¶ 15. This observation suffers from logical and legal difficulties. First, Trooper Arnold was interrupted by the dog alert while receiving the criminal-background check. The failure to issue a traffic citation when there is an indication of a potentially far more significant crime is easily excused when more pressing issues are being addressed.

{¶ 21} Further, as two other districts have recognized, the constitutionality of a prolonged traffic stop does not depend on the issuance of a citation. State v. Carlson (1995), 102 Ohio App.3d 585, 596-597, 657 N.E.2d 591; Keathley, 55 Ohio App.3d at 132, 562 N.E.2d 932. This reasoning is well supported by our prior[*408] holding: “Where a police officer stops a vehicle based on probable cause that a traffic violation has occurred or was occurring, the stop is not unreasonable under the Fourth Amendment to the United States Constitution * * Dayton v. Erickson, 76 Ohio St.3d 3, 665 N.E.2d 1091, syllabus.

{¶ 22} There has been no challenge to the probable cause regarding the stop. As discussed above, the canine walk-around was not the product of an unreasonably long detention relating to the ultimate issuance of the citation. Even if the traffic stop had been prolonged, reasonable suspicion under the totality of the circumstances justified the ongoing detention. Therefore, the judgment of the court of appeals is reversed, and the matter is remanded for consideration of Batchili’s remaining assignments of error.

Judgment reversed and cause remanded.

Moyer, C.J., Walsh, Lundberg Stratton and Lanzinger, JJ., concur. Pfeifer, J., dissents. O’Donnell, J., would dismiss the cause as having been improvidently accepted. James E. Walsh, J., of the Twelfth Appellate District, was assigned to sit for Resnick, J., whose term ended on January 1, 2007. Cupp, J., whose term began on January 2, 2007, did not participate in the consideration or decision of this case.
1

Finding merit in this assignment of error, the Sixth District declined to address the remaining assignments.

Dissent

Pfeifer, J.,

dissenting.

{¶ 23} The majority opinion characterizes the traffic stop that occurred in this case as routine. A review of the arresting trooper’s testimony suggests that if this was a routine traffic stop, we should all be very afraid.

{¶ 24} Trooper Arnold testified that she was parked at mile marker 53 on the Ohio Turnpike when a van driven by Lacina Batchili passed her. The trooper testified that the van was not in violation of any traffic laws when it passed her and that nothing about the van attracted her attention. For no reason other than “[bjecause I wanted to,” the trooper decided to leave her parked position and drive on the highway to observe traffic. The trooper caught up with the van driven by Batchili as the van approached mile marker 55. Based on her stationary starting position and the van’s speed of approximately 65 miles per hour, the trooper testified she would have had to travel in excess of 100 miles per hour, possibly as fast at 120 miles per hour, to catch up to the van by mile marker 55. When asked whether she often left a stationary starting position and drove that fast to observe traffic when no violation had occurred, the trooper responded: “It happens quite frequently.”

[*409] {¶ 25} After catching up with the van driven by Batchili, the trooper observed the van “drift over the dotted center line by approximately the width of the driver’s side tires. * * * The vehicle then drifted back into the driving lane proceeding eastbound.” Drifting across a marked lane on a roadway can be a violation of R.C. 4511.33(A)(1), which states, “A vehicle or trackless trolley shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.”

{¶ 26} First, there is no indication in the record that the van’s drifting across the center line was unsafe. If there was little or no traffic, the drifting would not have endangered anyone.

{¶ 27} Second, it’s a bit ironic that a trooper would drive over 100 miles per hour for no apparent reason, behavior that is surely more unsafe than an inadvertent lane drift, and then pull over a driver for a de minimis violation.

{¶ 28} Third, imagine if every driver (or even ten percent of them) who drifted across a lane were pulled over. There would be no time for troopers to do anything else. Traffic and commerce would move more slowly, courts would be more crowded, and the residents of this state would not be safer.

{¶ 29} It is inconceivable to me that this court would sanction the trooper’s conduct in this case. The trooper never mentioned a reason for pulling over the van besides the putative violation of R.C. 4511.33. Had the trooper noticed a pattern of erratic lane changes, the traffic stop would have been warranted. Had the trooper articulable reasons to be suspicious of the van or its driver, the traffic stop would have been warranted. I respect Trooper Arnold and her dedication to duty. According to Ohio State Highway Patrol media releases, she has a tremendous record of felony arrests. I suspect that her instincts told her something was amiss, but instincts are not enough to justify a pretextual traffic stop. And given the de minimis nature of the possible violation and the trooper’s failure to cite Batchili for violating R.C. 4511.33,1 am forced to conclude that this traffic stop was a pretext and, therefore, that the traffic stop was unreasonable. Consequently, there is no need to determine whether the length of the detention was unreasonable because the traffic stop itself was unjustified. I would affirm the judgment of the court of appeals, though for reasons different from those discussed by the court of appeals.

{¶ 30} In Blue Ash v. Kavanagh, 113 Ohio St.3d 67, 2007-Ohio-1103, 862 N.E.2d 810, ¶ 30, this court sanctioned the deployment of a drug-sniffing dog whenever a driver is pulled over and his or her license or registration has expired. In this case, this court sanctions the deployment of a drug-sniffing dog[*410] whenever a driver drifts across a marked lane. I wonder what this court will sanction next. I dissent.

Julia R. Bates, Lucas County Prosecuting Attorney, and Kevin A. Pituch, Assistant Prosecuting Attorney, for appellant. Douglas A. Wilkins, for appellee.