OH10: Driver advising of CCL and he’s carrying permitted frisk of the car under Long

Apparent hand to hand exchange of cash for something else in a high crime area where it happens all the time and this officer had made hundreds of arrests was reasonable suspicion for a stop. The officer talked to defendant, and that led to a patdown. The lawfulness of the patdown is moot because no evidence was obtained. When defendant advised the officer he had a concealed carry permit and a gun, that permitted the officer to remove him from the car and conduct a protective search for the gun. [In other words, no actual threat required.] State v. Bly, 2014-Ohio-1261, 2014 Ohio App. LEXIS 1132 (10th Dist. March 27, 2014):

[*P30] Here, Officer Burkey was justified in removing appellant from the vehicle to retrieve the weapon for officer safety. Appellant properly advised Officer Burkey that he had a concealed carry license and had a weapon in the center console of the vehicle. Appellant repeatedly asked Officer Burkey if he should retrieve the weapon and, despite Officer Burkey repeatedly telling appellant not to retrieve the weapon, appellant ultimately moved toward the weapon in a way that made Officer Burkey concerned for his safety. Applying the totality of the circumstances through the eyes of a reasonable and prudent police officer on the scene, Officer Burkey properly conducted a limited warrantless search of appellant’s vehicle in order to secure appellant’s weapon. Appellant’s sixth assignment of error is overruled.

Ohio is more willing to permit a search for a weapon. Compare: seeing gun not reasonable suspicion in an open carry state.