OH3: Failure to reasonably pursue basis for stop made its continuation unreasonable

While the officer had reasonable suspicion, she questioned defendant four times about whether he had drugs in his vehicle during a traffic stop where no ticket was written, and the entire event was pursuing a drug investigation and seemed to have nothing to do with a bona fide traffic stop. Defendant consented to a search after repeated requests and being told he was being held while a drug dog was coming. He was held in the patrol car and told he couldn’t have his cigarettes: “Chill.” This all was unreasonable. State v. Troutman, 2012 Ohio 407, 2012 Ohio App. LEXIS 370 (3d Dist. February 6, 2012)*:

[*P40] While Trooper Long may very well have had a reasonable articulable suspicion of criminal activity that would justify the continuation of the traffic stop, the more important question is whether Trooper Long diligently pursued a means of investigation that was likely to confirm or dispel her suspicions quickly and whether she acted unreasonably in failing to recognize or pursue an alternative means. Id.; see also, Batchili, supra, at ¶ 12.

[*P41] Unquestionably, Trooper Long was given permission by Troutman to search his vehicle. He was locked in the back of her patrol car, yet she chose, for reasons not articulated in the record, to not search it and wait for the canine. Even after a back-up officer arrived and Troutman gave her permission to search his vehicle once again, Trooper Long did not search his vehicle or have the other officer do so. Further, during the four minutes that she had Troutman’s permission to search, Trooper Long chose not to search the vehicle and to keep Troutman locked in the patrol car and then repeatedly questioned him about what was in his vehicle.

[*P42] Not only did Trooper Long fail to diligently pursue a means of investigation that was likely to confirm or dispel her suspicions quickly, i.e. searching the vehicle once Troutman consented, she acted unreasonably in failing to recognize or pursue this avenue. Indeed, the recording of this stop reveals that this was not a swiftly developing situation that required on-the-spot decisions. To the contrary, Trooper Long discussed the situation with the back-up officer, chatted with that officer about other matters, and opened the door to the patrol car to ask the same questions of Troutman and receive the same answers time and time again, which clearly elevated Troutman’s argumentative attitude towards her each time she repeated her questions.