Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Wiegand

Court of Appeals of Ohio, Fifth District, Licking

December 18, 2017

STATE OF OHIO Plaintiff-Appellee
v.
NIKOLE L. WIEGAND Defendant-Appellant

         Appeal from the Licking County Court of Common Pleas, Case No. 16 CR 00275

          For Plaintiff-Appellee: WILLIAM C. HAYES LICKING CO. PROSECUTOR JENNA E. JOSEPH

          For Defendant-Appellant: MICHAEL R. DALSANTO

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Delaney, P.J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} The following evidence is adduced from the transcript of the suppression hearing on September 20, 2016.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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 drug conviction.

         {¶6} 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.

         {¶7} 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.

         {¶8} 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. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.