From Casetext: Smarter Legal Research

State v. Hakeem

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Nov 19, 1990
61 Ohio App. 3d 187 (Ohio Ct. App. 1990)

Summary

In State v. Hakeem (1990), 61 Ohio App.3d 187, 572 N.E.2d 236, an officer's initial investigative stop of the defendant's vehicle based upon the police radio broadcast of a robbery suspect was proper.

Summary of this case from State v. Brinegar

Opinion

No. 59663.

Decided November 19, 1990.

Appeal from the Common Pleas Court, Cuyahoga County.

John T. Corrigan, prosecuting attorney, and Denise Cameron, for plaintiff-appellant.

Ralph J. Perk, Jr., for defendant-appellee.


This cause came on to be heard upon the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 25, the records from the Cuyahoga County Court of Common Pleas, the briefs and the oral arguments of counsel. This case is a timely appeal from the trial court's granting of a motion to suppress physical evidence.

The police officer's initial investigative stop of appellee's car based on a police radio broadcast of a robbery suspect was proper under Terry v. Ohio (1968), 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889, since both the robbery suspect and appellee, Jameel Hakeem, were observed to be wearing a redhooded sweatshirt. However, we agree with the trial court that the officer's reasonable suspicion that appellee was involved in criminal activity dissipated when appellee exited his vehicle and, being 5'6" tall, did not resemble the 6'2" tall robbery suspect. See id. Once it was determined that appellee was not a suspect, the officers had no lawful right to conduct a warrantless search of appellee's vehicle. See id.

While the officer testified the suspected cocaine was observed in plain view, the appellee's testimony indicates the suspected cocaine, pager and car phone were only discovered after the police officers opened the car door and had searched the vehicle for several minutes. Thus, competent credible evidence exists to support a finding that the "plain view" exception does not apply here. C.E. Morris Co. v. Foley Constr. Co. (1978), 54 Ohio St.2d 279, 8 O.O.3d 261, 376 N.E.2d 578; State v. Williams (1978), 55 Ohio St.2d 82, 9 O.O.3d 81, 377 N.E.2d 1013. Therefore, we find the trial court did not err in granting appellee's motion to suppress evidence.

Assignments of Error I and II are overruled.

The judgment of the trial court is affirmed.

Judgment affirmed.

JOHN V. CORRIGAN, P.J., NAHRA and FRANCIS E. SWEENEY, JJ., concur.


Summaries of

State v. Hakeem

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Nov 19, 1990
61 Ohio App. 3d 187 (Ohio Ct. App. 1990)

In State v. Hakeem (1990), 61 Ohio App.3d 187, 572 N.E.2d 236, an officer's initial investigative stop of the defendant's vehicle based upon the police radio broadcast of a robbery suspect was proper.

Summary of this case from State v. Brinegar
Case details for

State v. Hakeem

Case Details

Full title:The STATE of Ohio, Appellant, v. HAKEEM, Appellee

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Nov 19, 1990

Citations

61 Ohio App. 3d 187 (Ohio Ct. App. 1990)
572 N.E.2d 236

Citing Cases

STATE v. CHU

These facts were sufficient to justify Officer Brown's investigatory stop of the van. See State v. Comen…

State v. Brinegar

11. In State v. Hakeem (1990), 61 Ohio App.3d 187, 572 N.E.2d 236, an officer's initial investigative stop of…