# State v. Lewis

> Ohio Court of Appeals · September 5, 1990 · 69 Ohio App. 3d 318

URL: https://www.frixlaw.com/law-library/cases/3766070

## Case

- **Full name:** The STATE of Ohio, Appellee, v. LEWIS, Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** September 5, 1990
- **Citations:** 69 Ohio App. 3d 318; 590 N.E.2d 805; 1990 Ohio App. LEXIS 3808
- **Precedential status:** Published
- **Opinion:** Concurrence
- **Judges:** Christley, Ford, John, Lynch, Seventh
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3766070

## Opinion text

While I concur with the majority in its treatment of the first assignment of error, I would embellish its analysis with the observation that, based on the state of the record before us, there was no valid probable cause existing at the specific time in question to justify a search of the vehicle which led to the discovery of the firearm in question. As the Ohio Supreme Court suggested in State v. Chatton (1984), 11 Ohio St.3d 59 , 11 OBR 250, 463 N.E.2d 1237 , there are some discernible limitations to search exercises in lawful detention situations whether measured against the "specific and articulable facts" standard of Terry v. Ohio (1968), 392 U.S. 1 , 21-22 , 88 S.Ct. 1868 , 1880 , 20 L.Ed.2d 889 , 906 , 44 O.O.2d 383, 393 ; the thrust of Brown v. Texas (1979), 443 U.S. 47 , 51 , 99 S.Ct. 2637 , 2640 , 61 L.Ed.2d 357 , 362 ; the Fourth Amendment; or Section 14 , Article I of the Ohio Constitution.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3766070. Public record. Not legal advice.