State v. Shaw, Unpublished Decision (9-16-2005)
State v. Shaw, Unpublished Decision (9-16-2005)
Opinion of the Court
{¶ 2} Appellee is the State of Ohio.
{¶ 4} Appellant was charged with Driving Under Suspension, in violation of R.C.
{¶ 5} On September 1, 2004, Appellant was arraigned and entered a plea of not guilty.
{¶ 6} On October 19, 2004, Appellant requested leave to file a motion to suppress evidence, which was granted by the trial court on October 25, 2004.
{¶ 7} On December 17, 2004, the trial court held an oral hearing on appellant's motion to suppress.
{¶ 8} By Judgment Entry filed December 20, 2004, the trial court denied appellant's suppression motion.
{¶ 9} On January 13, 2005, Appellant charged his original plea of not guilty to one of no contest. The trial court accepted such change of plea and found appellant guilty. The trial court then sentenced Appellant.
{¶ 10} Appellant filed an appeal of his sentence and this matter is now before this court for consideration. Appellant's sentence was stayed pending this appeal. Appellant's sole Assignment of error is as follows:
{¶ 13} 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 finding of fact. Second, an appellant may argue the trial court failed to apply the appropriate test or correct law to the findings of fact. Finally, an appellant may argue the trial court has incorrectly decided the ultimate or final issue raised in the motion to suppress. When reviewing this type of claim, an appellate court must independently determine, without deference to the trial court's conclusion, whether the facts meet the appropriate legal standard in the given case. State v. Curry (1994),
{¶ 14} In the instant appeal, appellant's challenge of the trial court's ruling on his motion to suppress is based on the third method. Accordingly, this court must independently determine, without deference to the trial court's conclusion, whether the facts meet the appropriate legal standard in this case.
{¶ 15} Appellant argues that the officers lacked a legitimate and constitutionally sufficient basis for the initial seizure of Appellant.
{¶ 16} In the case sub judice, the trial court found that at the time of the stop, the officer was justified in making said stop based on the information relayed to him.
{¶ 17} In Terry v. Ohio (1968),
{¶ 18} More specifically, a police officer may stop an automobile for investigation where the officer has an articulable and reasonable suspicion that the 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. State vs. Chatton (1984),
{¶ 19} The fact that the information concerning appellant's license plate later proved to be incorrect is irrelevant. Ptl. Wilhelm received information, relayed through his radio, that license plate on Appellant's vehicle did not match the vehicle. This gave him a reasonable, articulable suspicion to stop the vehicle for the purpose of checking appellant's driver's license. Village of Granville v. Young (April 29, 1998), Licking County App. No. 97-CA-110.
{¶ 20} Upon review, we find the trial court did not err in denying appellant's motion to suppress.
{¶ 21} Appellant's sole Assignment of Error is denied.
{¶ 22} The judgment of the Court of Common Pleas of Licking County, Ohio is hereby affirmed.
Boggins, P.J., Gwin, J. and Edwards, J. concur.
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