State v. Harrington, Unpublished Decision (7-7-2003)
State v. Harrington, Unpublished Decision (7-7-2003)
Opinion of the Court
OPINION
{¶ 1} On August 2, 2002, Alliance Police Department Patrolman James Hilles stopped a vehicle being driven by one Nathaniel Crump. Patrolman Hilles believed Mr. Crump's driving privileges had been suspended. Appellant, Christopher Harrington, was a passenger in the vehicle. Upon investigation, Mr. Crump was arrested for driving under the influence and driving under suspension. Appellant was arrest for tampering with evidence in violation of R.C.{¶ 2} On September 25, 2002, appellant filed a motion to suppress, claiming unreasonable stop, search and arrest. A hearing was held on October 9, 2002 on the unreasonable stop issue only. By judgment entry filed October 15, 2002, the trial court denied said motion.
{¶ 3} On October 16, 2002, appellant pled no contest to the charges. By judgment entry filed October 21, 2002, the trial court found appellant guilty. By judgment entry filed November 25, 2002, the trial court sentenced appellant to a total aggregate term of two years in prison.
{¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:
{¶ 7} There are three methods of challenging on appeal a trial court's ruling on a motion to suppress. First, an appellant may challenge the trial court's findings of fact. In reviewing a challenge of this nature, an appellate court must determine whether said findings of fact are against the manifest weight of the evidence. State v. Fanning
(1982),
{¶ 8} Appellant argues Patrolman Hilles did not have "reasonable and articulable suspicion" to stop the vehicle. Appellant's Brief at 4. Appellant argues Patrolman Hilles could have verified his suspicion of Mr. Crump not having a valid driver's license by running a "LEADS" computer check. We disagree given the facts in this case.
{¶ 9} In Terry v. Ohio (1968),
{¶ 10} Patrolman Hilles testified he identified Mr. Crump driving a vehicle and from prior incidents, he knew Mr. Crump did not have a valid driver's license. T. at 7, 11, 16. Patrolman Hilles had stopped Mr. Crump in February of 2002 and at that time his driver's license was under suspension. T. at 11. Patrolman Hilles testified he knew "[a]s of February he was on a noncompliance suspension that was going to be in for the entire year, and I was aware that he would not have any driving privileges the entire year." T. at 12. After Patrolman Hilles decided to stop the vehicle, he noticed the license plate was obscured (red spray paint across the plate so it could not be read). T. at 7-8. After the stop, a computer check verified Mr. Crump did not have a valid driver's license. T. at 7.
{¶ 11} What sets this case apart from an officer merely following a hunch is Patrolman Hilles's specific knowledge that Mr. Crump was under suspension for an entire year and his previous stop, by Patrolman Hilles, was six months prior to the stop sub judice. T. at 11-12. Further, Patrolman Hilles had "dealt" with Mr. Crump "so many times" before this stop. T. at 16-17.
{¶ 12} Given Patrolman Hilles's personal knowledge of Mr. Crump and the specific nature of his driving status, we find reasonable suspicion and articulable facts to be present sub judice. Upon review, we find the trial court did not err in denying the motion to suppress.
{¶ 13} The sole assignment of error is denied.
{¶ 14} The judgment of the Court of Common Pleas of Stark County, Ohio is hereby affirmed.
By Farmer, P.J., Hoffman, J. and Wise, J. concur.
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