City of Warren v. Smith, Unpublished Decision (4-25-2003)
City of Warren v. Smith, Unpublished Decision (4-25-2003)
Opinion of the Court
{¶ 2} The following facts were testified to at trial. On January 10, 2002, shortly after midnight, appellant was pulled over by a marked Warren City Police cruiser on Parkman Road and given a ticket for speeding. Prior to the stop, the record indicates that appellant, along with another vehicle, was observed by Warren Police Officer Webber leaving the parking lot of a closed building. Taking into consideration the time of day, and the location of the business, Officer Webber decided that the drivers of the two vehicles should be stopped and questioned as to their activities. In doing so, Officer Webber enlisted the help of Officer Harrell. The record indicates that Officer Harrell was the officer responsible for tracking down appellant. As Officer Harrell followed appellant's vehicle on Parkman Road, it is uncontroverted that he "paced" the speed of appellant's vehicle at 54 miles per hour within a 35 miles per hour zone. Officer Harrell then initiated a stop of appellant's vehicle and issued appellant a citation for speeding. This timely appeal followed. Appellant, pro se, asserts one assignment of error for our review:
{¶ 3} "[1.] The weight of the evidence presented in this case support [sic] a finding in the trial court that the January 10, 2002 stop of the defendant-appellant was a pretextual stop and unreasonable under the
{¶ 4} In reviewing a manifest weight of the evidence claim, the appellate court "reviews the entire record, weighs the evidence and allreasonable inferences, considers the credibility of witnesses anddetermines whether in resolving conflicts in the evidence, the trier offact clearly lost its way and created such a manifest miscarriage ofjustice that the conviction must be reversed and a new trial ordered."State v. Thompkins,
{¶ 5} Appellant's primary argument focuses on the fact that Officer Harrell was initially going to stop and question appellant as to his early morning activities, not for speeding, and as a result, the stop was pretextual and unreasonable. We disagree with appellant.
{¶ 6} In support of his argument, appellant attempts to direct this court to State v. Bishop (1994),
{¶ 7} In its rejection of Bishop and French, the Supreme Court of Ohio held that "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
{¶ 8} The record indicates that during the course of Officer Harrell's attempt to pull appellant over for questioning, he observed appellant as appellant was engaged in the act of speeding, a violation of Warren City Ordinance
{¶ 9} If the facts known to an officer at the time of the stop are sufficient to constitute probable cause to believe that a traffic violation occurred, a reviewing court may not look at an officer's ordinary routine, or his conduct or conversations that occurred before or after the stop to invalidate the stop as pretextual. Erickson, supra, at *10. Therefore, although appellant would have this court examine the "ulterior motive" of the officers involved, the fact that appellant committed a traffic violation, namely speeding, prevents us from doing so.
{¶ 10} The record in this case clearly indicates that Officer Harrell determined appellant was speeding prior to stopping appellant's vehicle. As a result, Officer Harrell had probable cause to stop appellant. Erickson, supra. Additionally, appellant offers no evidence to the contrary with regards to the actual speeding violation. Based on the above, we hold that Officer Harrell's stop and subsequent citing of appellant for speeding did not violate appellant's
Judgment affirmed.
DONALD R. FORD, P.J., and JUDITH A. CHRISTLEY, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.