Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No. 16 CR
Plaintiff-Appellee: WILLIAM C. HAYES LICKING CO. PROSECUTOR
JENNA E. JOSEPH
Defendant-Appellant: MICHAEL R. DALSANTO
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hoffman, J. Hon. Earle E. Wise, Jr., J.
Appellant Nikole L. Wiegand appeals from the March 22, 2017
Entry of "no contest plea" and January 4, 2017
Order and Decision Overruling Defendant's Motion to
Suppress Evidence of the Licking County Court of Common
Pleas. Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
The following evidence is adduced from the transcript of the
suppression hearing on September 20, 2016.
This case arose on February 16, 2016, when the Central Ohio
Drug Enforcement (CODE) Task Force planned a
"buy-bust" operation with a target named James
Bailey. A confidential informant (CI) purchased narcotics
from Bailey; the controlled buy was recorded with detectives
listening in, planning to arrest Bailey shortly after the
transaction. Detective Hoskinson's role in the buy-bust
was to traffic-stop Bailey's vehicle after the buy. He
listened to the buy and communicated with other detectives
over a scrambled radio channel. Hoskinson knew Bailey was
driving a 1999 Buick and had a female in the car with him.
Hoskinson was told Bailey was on the move after the buy. He
already knew that Bailey's operator's license was
suspended and that a successful narcotics buy was made from
Bailey's vehicle. When the Buick passed him, Hoskinson
pulled out and made a traffic stop of the vehicle. As the car
slowed, Hoskinson observed the female front-seat passenger,
identified as appellant, moving around inside the vehicle.
Hoskinson described her movements inside the vehicle as
furtive and suspicious, reaching from the floor to the center
console and near her "groin area." At that point,
the vehicle was still moving.
These movements were typical of actions to hide contraband,
in the detective's experience. He testified female
suspects are known to sometimes hide contraband in their
underwear or "vaginal area." Hoskinson was familiar
with appellant from other interactions and her LEADS printout
indicated her operator's license was suspended due to a
As Hoskinson approached the driver's side of the Buick,
he observed appellant sitting up high on the seat, with her
back arched and her hand down her pants. When she realized
Hoskinson was close to the car, she hurriedly sat down and
put her seat belt on.
Bailey was cuffed and taken away from the scene. Appellant at
first remained inside the car. After Bailey was gone,
Hoskinson told her he saw her shoving something down her
pants. He then read appellant her Miranda rights and asked
what she put in her pants. She answered that she stuffed a
"rig" down her pants. A "rig" is a
syringe used to inject narcotics. Appellant pulled out the
"rig" and handed it over.
At that point, Hoskinson summoned a female officer to the
scene for a pat-down. Ptl. Fortney, a female officer, arrived
on the scene and patted appellant down. Hoskinson asked
appellant if she would voluntarily ride to the Heath Police
Department to speak to Detective Green. Appellant was not
arrested or cuffed. ...