Opinion

State v. Whitman

  • 184 Ohio App. 3d 733
  • 922 N.E.2d 293
Court
Ohio Court of Appeals
Filed
Oct 22, 2009
Status
Published
Author
Edwards
On the bench
Edwards, Farmer, Gwin
Cited by
14 cases

The opinion

Edwards, Judge,

dissenting.

(¶ 22} I respectfully dissent from the majority’s analysis and disposition of appellant’s sole assignment of error.

{¶ 23} The majority, in ¶ 18, correctly notes that a canine walk-around of a vehicle that occurs during a lawful stop and does not go beyond the period necessary to effectuate the stop and issue a citation does not violate the individual’s constitutional rights. While the majority finds that the “canine-walk around” was not the product of an unreasonably long detention relating to the ultimate issuance of the citation, I disagree.

{¶ 24} After Deputy Stryker’s suspicion that appellee was consuming alcohol was dispelled, Deputy Stryker could have issued a traffic citation to appellee. I would find, for such reason, that the canine walk-around in this case went beyond *741 the period necessary to effectuate the stop and issue a citation to appellee for his traffic offenses and that, therefore, appellee’s constitutional rights were violated.

{¶ 25} On such basis, I would affirm the decision of the trial court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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