State v. Garner, Unpublished Decision (9-27-2006)
State v. Garner, Unpublished Decision (9-27-2006)
Opinion of the Court
{¶ 3} Patrolman Matthew Russell with the Dover Police Department testified he was on routine patrol during the evening hours of January 8, 2005, when he was dispatched to the Twilite Bar on West Third Street in Dover, Ohio. As the officer approached the establishment, he was flagged down by Betty Cox, the manager of the bar with whom Russell was familiar. Cox informed the patrolman there had been a fight between two people, one or both of whom were still inside the bar. The officer proceeded into the bar and found appellant and an individual by the name of Joshua Rogers in a heated argument. As appellant was louder and more obnoxious than Rogers, Officer Russell decided to take him outside. Appellant, yelling and screaming, proceeded to the door with Officer Russell following five steps behind him. Once outside, appellant shoved another individual, Justin Sherman. Officer Russell stepped between the two men, and asked appellant to follow him to the entrance of the bar. Patrolman Mowrer, who arrived at the scene as appellant and Patrolman Russell were exiting the tavern, spoke with the other subject. Russell informed appellant if he did not want to cooperate he could be charged with obstruction of official business. Patrolman Mowrer approached and instructed Russell to arrest appellant as Mowrer had learned appellant was the primary aggressor.
{¶ 4} Officer Russell instructed appellant to put his hands on the wall. As appellant turned to do so, he tried to run. Officer Russell grabbed appellant and his coat came off. Patrolmen Mowrer and Russell took appellant to the ground, handcuffed him and placed him in Officer Mowrer's cruiser. Officer Russell retrieved appellant's coat and placed it in his cruiser. Throughout the events, the crowd at the Twilite Bar was becoming very "disorderly" and very "antsy".
{¶ 5} Following the presentation of evidence, counsel for appellant asked the trial court for leave to file a memorandum in support of the motion to suppress. The State filed a motion in opposition thereto. Via Judgment Entry filed August 23, 2005, the trial court overruled appellant's Motion to Suppress/Dismiss, finding appellant was lawfully arrested.
{¶ 6} Appellant appeared before the trial court on September 20, 2005. At that time, appellant advised the trial court he wished to withdraw his pleas of not guilty and entered pleas of no contest. The trial court accepted appellant's pleas and found him guilty as charged. At the sentencing hearing, the trial court dismissed count one of the indictment, possession of drugs. The trial court sentenced appellant to a term of imprisonment of one year on the trafficking offense. The trial court memorialized its sentence via Judgment Entry filed November 10, 2005.
{¶ 7} It is from this conviction and sentence appellant appeals, raising the following assignment of error:
{¶ 8} "I. AN ARREST OF AN ACCUSED VIOLATES THE FOURTEENTH AMENDMENT AND ARTICLE
{¶ 10} 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),
{¶ 11} As a general rule, a warrantless arrest is valid if the arresting officer possessed probable cause to believe that the individual had committed or was committing a crime. See, e.g., Beck v. Ohio (1964),
{¶ 12} Upon review of the entire record in this matter, we find the totality of the facts and circumstances support the trial court's finding of probable cause. Officer Russell was dispatched to the Twilite Bar in response to a complaint. Betty Cox, the manager of the bar, informed Officer Russell two people had been in a fight inside the bar, and at least one of those persons was back inside. The officer entered the bar and found appellant and Joshua Rogers in a heated discussion. Although Russell asked appellant for basic identification information, appellant would not comply. Pursuant to R.C.
{¶ 13} Appellant's sole assignment of error is overruled.
{¶ 14} The judgment of the Tuscarawas Court of Common Pleas is affirmed.
Hoffman, P.J. Farmer, J. and Edwards, J. concur.
Reference
- Full Case Name
- State of Ohio v. Jason J. Garner
- Cited By
- 1 case
- Status
- Unpublished