OH11: Quarles public safety exception for firearms did not apply where def no threat

The Quarles public safety exception for firearms did not permit a search of defendant’s car for a gun. He was outside his car, said he had a conceal carry permit and the gun was in the console, and officers searched for the gun. There was no threat to public safety at the time of the search. State v. Hancovsky, 2015-Ohio-2602, 2015 Ohio App. LEXIS 2641 (11th Dist. July 6, 2015):

[*P53] This court notes the great importance of protecting public safety. However, we also note that the public safety exception to the warrant requirement is “narrow.” See, e.g., New York v. Quarles, 467 U.S. 649, 104 S. Ct. 2626, 81 L. Ed. 2d 550 (1984). The record reveals that any risk to the public was extremely limited. As such, based on the facts and circumstances in the case at bar, the public safety exception does not apply.

[*P54] It is the state’s position that permitting the gun to remain inside the car presented a risk to the public. The state stresses that numerous bar patrons were leaving the establishment as it was closing time and they were walking by the vehicle. However, the record reveals that officers were informed that a gun was inside the vehicle. Thus, the officers could have immediately removed the gun and/or locked the car at that time. They could have supervised the vehicle which would have eliminated any risk to the public. They did not. The record establishes that appellant was in the police cruiser when the gun was removed, which clearly shows there was no risk of him accessing the gun.