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State v. Cook

Court of Appeals of Ohio, Eleventh District

June 28, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
KELLY E. COOK, Defendant-Appellant.

Criminal Appeals from the Portage County Municipal Court, Kent Division, Case Nos. K11 TRC 3865 and 11 CRB 2716.

Victor V. Vigluicci, Portage County Prosecutor and Pamela J. Holder, Assistant Prosecutor, (For Plaintiff-Appellee).

Jamison A. Offineer, Student Legal Services, Inc., Kent State University, (For Defendant-Appellant).

OPINION

COLLEEN MARY OTOOLE, J.

{¶1} Kelly E. Cook appeals from the judgment of the Portage County Municipal Court, Kent Division, denying her motion to suppress. Ms. Cook was stopped by Officer Jason M. Short of the City of Kent Police in the early hours of December 27, 2011, as he responded to a dispatch regarding a fight between two women at an apartment. Officer Short eventually arrested Ms. Cook for operating a vehicle under the influence of alcohol. Fundamentally, Ms. Cook contends Officer Short had no reasonable suspicion to stop her vehicle. We respectfully disagree, and affirm the judgment of the trial court.

{¶2} The facts are taken from the transcript of the suppression hearing, and the recording of 9-1-1 calls which were introduced at the hearing.

{¶3} Just before 2:00 a.m., December 27, 2011, Dispatcher Lafferty of the Kent police received a 9-1-1 call from Patricia Kincade, a resident at an apartment complex located at 890 Simon Lane in Kent. The call proceeded as follows.

{¶4} Dispatcher: "Kent Police Department, Lafferty.

{¶5} Kincade: "Hi. Um, there is somebody in my apartment building pounding on somebody else's door and they won't stop. Like, they've been doing it for seriously like seven minutes.

{¶6} Dispatcher: "Okay, do you know the address?

{¶7} Kincade: "Um, no. I - I haven't even looked.

{¶8} Dispatcher: "What building are you in?

{¶9} Kincade: "Um. 890 Simon Lane

{¶10} Dispatcher: "Okay, is it on your floor?

{¶11} Kincade: "Yes. Well it sounds like it because it's so loud. And I'm uh, you know, kids are sleeping, other people are sleeping.

{¶12} Dispatcher: "Okay. What is your name?

{¶13} Kincade: "Patricia Kincade.

{¶14} Dispatcher: "And what's your phone number Patricia?

{¶15} Kincade: "Um, 330-906-6721.

{¶16} Dispatcher: "What apartment number are you in?

{¶17} Kincade: "101.

{¶18} Dispatcher: "Okay, you didn't see where they are - who it was?

{¶19} Kincade: "I mean I- I know they're on my floor. I hear it. They're still, it's still going on. I can even hear a female yelling.

{¶20} Dispatcher: "Okay. If the per * * * the female that's yelling, is she the one that outside of the door pounding or do you think * * *?

{¶21} Kincade: "I believe she's on the inside but I'm * * * I'm not sure. I don't * * * I don't even want to look. 'Cuz * * * our * * * doors are so * * * you know?

{¶22} Dispatcher: "That's fine. I'll go ahead and send somebody out. If anything changes before we get out there can you give us a call back?

{¶23} Kincade: "Yes, I will. Thank you.

{¶24} Dispatcher: "Thank you.

{¶25} Kincade: "Bye.

{¶26} Dispatcher: 'Bye".

{¶27} Dispatcher Lafferty radioed that someone on the first floor at 890 Simon was pounding on the door of an apartment, and that a woman ...


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