State v. Johnson, Unpublished Decision (9-26-2000)
State v. Johnson, Unpublished Decision (9-26-2000)
Opinion of the Court
OPINION
Appellant Jeremy Johnson appeals his conviction, in the Muskingum County Court of Common Pleas, for one count of possession of drugs and one count of improperly handling a firearm in a motor vehicle. The following facts give rise to this appeal. On January 17, 1999, Appellant Jeremy Johnson's vehicle became stuck in ice, snow and mud, at a boat ramp, in Dillon State Park. Chester Coleman, a seasonal park officer, received a call from the sheriff's office regarding appellant's vehicle. Ranger Coleman proceeded to the boat ramp where he observed appellant's vehicle. Ranger Coleman approached appellant's vehicle and asked him if he needed assistance. Appellant indicated that he did and Ranger Coleman called a park "4-by-4" officer to tow appellant's vehicle out of the snow. Ranger Coleman asked appellant for some identification, which appellant was unable to produce. However, appellant did supply Ranger Coleman with his name and social security number. Ranger Coleman checked appellant's social security number with the Muskingum County Sheriff's Department and learned that appellant's driving privileges had been suspended. Ranger Coleman informed appellant of this and appellant indicated that he was aware of the suspension. Because of the suspension, Ranger Coleman placed appellant under arrest for driving under suspension. Ranger Coleman determined that the vehicle appellant was driving was registered to Amanda Moore. Because Moore could not be contacted, Ranger Coleman informed appellant that he had to inventory and tow the vehicle. While appellant was looking for the vehicle's registration in the glove box, Ranger Coleman noticed a large amount of loose ammunition. During the inventory search, Ranger Coleman discovered ammunition throughout the interior of the vehicle. Ranger Coleman also discovered a black bag in the trunk of the vehicle, which he opened. The bag contained a large amount of marihuana, loose ammunition, and a loaded nine millimeter handgun. Following the discovery of the marihuana, Ranger Coleman removed appellant from the back of his cruiser and conducted a pat-down search of appellant's person. During the search, Ranger Coleman found approximately $1,063 in appellant's front pant's pocket. Thereafter, Ranger Coleman again advised appellant that he was under arrest and read appellant his rights. The Muskingum County Grand Jury indicted appellant on January 27, 1999, for one count of possession of drugs and one count of improperly handling a firearm in a motor vehicle. Appellant filed a motion to suppress evidence obtained from the inventory search of his vehicle on September 22, 1999. On November 9, 1999, the trial court overruled appellant's motion. Appellant waived his right to a jury trial and this matter proceeded as a trial to the bench on February 8, 2000. The trial court found appellant guilty as charged in the indictment and sentenced him to concurrent terms of ten months. Appellant filed a motion for new trial on February 16, 2000, which the trial court overruled on March 6, 2000. Appellant timely filed a notice of appeal and sets forth the following assignments of error for our consideration:I. THE TRIAL COURT ABUSED ITS DISCRETION IN ITS DENIAL OF A MOTION FOR NEW TRIAL.
II. THE TRIAL COURT ERRED IN ITS DENIAL OF A MOTION TO SUPPRESS EVIDENCE OBTAINED AS A RESULT OF THE WARRANTLESS, UNCONSTITUTIONAL DETENTION OF MR. JOHNSON BY THE INVESTIGATING OFFICER.
III. MR. JOHNSON'S RIGHTS UNDER ARTICLE
I , SECTION16 OF THE OHIO CONSTITUTION AND THEFIFTH ANDFOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION WERE VIOLATED AS HIS CONVICTIONS ARE NOT SUPPORTED BY SUFFICIENT EVIDENCE.IV. THE ADMISSION OF EVIDENCE OF MR. JOHNSON'S POST-ARREST SILENCE WAS IN VIOLATION OF HIS CONSTITUTIONAL RIGHT TO BE FREE FROM SELF-INCRIMINATION.
2. If, during a valid inventory search of a lawfully impounded vehicle, a law-enforcement official discovers a closed container, the container may only be opened as part of the inventory process if there is in existence a standardized policy or practice specifically governing the opening of such containers. [Citations omitted.] Id., at paragraphs one and two of the syllabus.
In Hathman, during an inventory search by the Ohio State Highway Patrol, a patrolman opened and searched the trunk of the defendant's vehicle. Id. at 404. The patrolman found a plastic bag containing smaller bags and a pill bottle. Id. The patrolman opened these containers and found contraband. Id. The Court explained that the search of a trunk is reasonable because the trunk is part of a vehicle normally included in the scope of an inventory search. Mesa at 333, citing Opperman at 372. However, the Court concluded that the evidence discovered in the containers should be suppressed because "* * * the existence of a reasonable policy or procedure governing inventory searches in general is insufficient to justify the opening of closed containers encountered during the inventory search. Rather, some articulated policy must also exist which regulates the opening of containers found during the authorized inventory search." Hathman at 408. We have reviewed the transcript of the suppression hearing in this matter and find no mention of the park ranger's standardized policy or practice specifically concerning the opening of closed containers during an inventory search of a vehicle. Having failed to establish whether such a policy even exists, we conclude the trial court should have granted appellant's motion to suppress as it pertains to the search of the black bag found in the trunk of the vehicle. The trial court properly denied the motion to suppress as to the ammunition found in the glove box and throughout the interior of the vehicle because areas of an automobile normally part of an inventory search are the "* * * interior, trunk, glove box, etc." Mesa at 333. Appellant's Second Assignment of Error is affirmed in part and reversed in part.
We will not address appellant's First, Third and Fourth Assignments of Error as we find them moot based on our disposition of appellant's Second Assignment of Error. For the foregoing reasons, the judgment of the Court of Common Pleas, Muskingum County, Ohio, is hereby affirmed in part; reversed in part and remanded for further proceedings consistent with this opinion.
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