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Convictions stand for man found traveling with loaded gun and an array of drugs
JESSICA SHAMBAUGH
Special to the Legal News
Published: December 5, 2014
In a recently released opinion, the 5th District Court of Appeals rejected an appeal from a man found traveling with marijuana, black tar heroin, cocaine and a loaded weapon.
Carl Gordon took his case before the three-judge appellate panel after the Fairfield County Court of Common Pleas convicted him of having a weapon under disability, improper handling of a firearm, illegal conveyance and trafficking cocaine.
He claimed the trial court improperly denied his motion to suppress the evidence against him because that evidence was obtained during an illegal search and seizure.
The facts of the case state that Gordon was riding in a car with his wife in June 2013 on U.S. 33.
Ohio State Highway Patrol Trooper Benjamin Seabolt was patrolling the area when he saw the couple’s car driving 66 mph in a 60 mph zone.
Seabolt said it looked as though the driver was trying to hide in her seat. He did not see anyone else in the car at that time and decided to conduct a traffic stop, which was recorded by his dashcam.
As Seabolt approached the vehicle, he testified he noticed Gordon in the passenger seat.
He recalled that Gordon had the seat fully reclined so that he was lying almost completely flat and out of sight.
He stated that Gordon did not appear to be sleeping and did not indicate that he was.
Seabolt noted that Gordon’s activity was “a major indicator of criminal activity.”
The trooper then informed Gordon and his wife of the reason for the stop and noticed marijuana flakes on the woman’s pant leg.
The woman insisted that the flakes were chocolate and abruptly brushed them off.
At that point, Seabolt asked Gordon to stop out of the vehicle and placed him in the back of the patrol car. He also called for backup and requested a canine unit.
When asked about their destination, the couple gave different responses and further raised Seabolt’s suspicion.
The trooper said he also observed that the couple had bloodshot, glassy eyes and refused to let him search the vehicle.
The canine unit arrived on the scene 30 minutes into the traffic stop and alerted on the rear of the car.
The troopers then patted down Gordon and Seabolt said he felt a large bulge pinched between Gordon’s buttocks.
“Gordon denied that he was concealing anything in his buttocks,” case summary states.
A search of the vehicle revealed three grams of marijuana and rolling papers, a digital scale and a items commonly associated with black tar heroin.
In the glove box, the troopers also found a loaded handgun with a bullet in the chamber.
At jail, officers searched Gordon and found an ounce of powder cocaine in Gordon’s buttocks.
The driver was also searched and officers found crack cocaine and black tar heroin in her crotch.
Gordon was then charged with numerous offenses related to the drugs and the firearm. When his motion to suppress the evidence was denied, he pleaded no contest to some of those charges and was convicted.
The common pleas court sentenced him to an aggregate term of 3 1/2 years in prison and five years of community control.
On appeal, Gordon again argued that the evidence against him should have been suppressed because it was unlawfully obtained.
“The question raised in Gordon’s sole assignment of error is whether the lawful detention for the traffic infraction became an unlawful detention when the officer decided to call for the use of a narcotics-detection dog to sniff around the exterior of the vehicle in which Gordon was a passenger,” Presiding Judge Scott Gwin wrote for the court.
Upon review of the record, the appellate panel found that Seabolt testified that he initiated the traffic stop only after he observed the vehicle speeding.
The judges found that testimony represented competent, credible evidence.
“We accept the trial court’s conclusion that the driver’s violation of the traffic laws gave Trooper Seabolt reasonable suspicion to stop the vehicle because the factual findings made by the trial court are supported by competent and credible evidence,” Judge Gwin stated.
The judges next examined the legality of the subsequent search.
They noted that shortly after Seabolt approached the car, he saw marijuana flakes on the driver’s pants.
The judges maintained that an officer has probable cause to search a vehicle after he or she sees incriminating evidence in plain view while acting lawfully.
After assessing Seabolt’s training at the state trooper academy and additional drug crime intervention classes, the judges ruled that he was qualified to determine if what he saw was marijuana.
“We find Trooper Seabolt’s observations within the first several minutes of the traffic stop gave him reasonable, articulable suspicion of criminal activity necessary to prolong the stop. Indeed, he had probable cause to search the entire vehicle as soon as he observed the marijuana flakes in plain view on the driver’s lap,” Judge Gwin stated.
Ruling that there was proper evidence supporting Seabolt’s actions, the appellate judges affirmed the lower court’s decision denying Gordon’s motion to suppress.
Judges Sheila Farmer and John Wise concurred.
The case is cited State v. Gordon, 2014-Ohio-5027.
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