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State v. Riley
Citations: 751 N.E.2d 525; 141 Ohio App. 3d 409Docket: C.A. Case No. 18458, T.C. Case No. 2000-CR-00373.
Court: Ohio Court of Appeals; February 15, 2001; Ohio; State Appellate Court
Michael Riley appealed his conviction for carrying a concealed weapon, claiming the trial court improperly denied his motion to suppress evidence obtained from an illegal search. The case arose from a complaint filed on January 13, 2000, leading to an indictment for carrying a loaded concealed weapon and possession of a firearm in a liquor establishment. Following a not guilty plea, a suppression hearing occurred on June 6, 2000, after police received an anonymous tip about a man with a concealed weapon at the Hillside Bar. Officer Brian Spencer, upon entering the bar, identified Riley based on the description provided in the tip. Although Riley was not acting suspiciously, Spencer approached him and conducted a search without a warrant, which did not initially reveal a weapon. During the search, an object fell from Riley's sweatshirt pocket, which Spencer recognized as a firearm, leading to Riley's arrest. The defense argued that the Supreme Court's decision in Florida v. J.L. established that anonymous tips alone do not justify a stop and frisk, while the State contended that protective searches in public spaces were permissible despite the lack of a reasonable expectation of privacy. The trial court denied the suppression motion on July 7, 2000, without addressing the J.L. case, leading Riley to plead no contest to carrying a concealed weapon. He was subsequently sentenced to nine months in prison, receiving credit for 177 days served prior to sentencing. The appellate court ultimately concluded that the search was illegal and that the trial court erred by not granting the motion to suppress. A timely appeal was filed, with Riley's appellate brief arguing that the facts of this case are nearly identical to those in J.L. Riley asserts that the trial court erred by not applying the correct legal standard based on these similarities. The State agrees with Riley, stating that no compelling factual or legal arguments support the trial court's decision. A review of J.L. confirms its relevance to the current case, with no legitimate distinctions noted. Consequently, it is determined that the trial court erred in denying the motion to suppress, and the State should have acknowledged this during the trial. Although the Defendant has already completed his sentence, which complicates the appeal process, it does not render it moot per State v. Golston (1994). The single assignment of error is sustained, leading to the reversal of the trial court's judgment and remanding for further proceedings. Judges FAIN and YOUNG concur with this decision.