FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR 2017 01 0085
APPEARANCES: JACLYN PALUMBO, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO, JUDGE.
Appellant, Myles M. Trice, appeals from his convictions in
the Summit County Court of Common Pleas. We affirm.
Two Akron police officers on patrol one night noticed a
parked car occupied by several people in an otherwise vacant
parking lot. Upon checking the license plate number, they
discovered that the female owner of the vehicle had an
outstanding warrant. They saw a female in the driver's
seat, so the officers conducted a traffic stop of the
The officers noticed a strong odor of marijuana emanating
from the vehicle. They detained the driver on her warrant and
anticipated towing the vehicle. Mr. Trice was in the front
passenger seat and was asked to step out of the vehicle.
Officer Hudnall asked Mr. Trice if he had any weapons on him
and Mr. Trice said, "No." The officer performed a
protective patdown for weapons and felt a gun in Mr.
Trice's abdomen area. Mr. Trice was arrested and searched
incident to arrest. He was charged with carrying concealed
weapons and possession of marijuana.
Mr. Trice filed a motion to suppress, which was denied by the
trial court. He then pled no contest to the indictment and
the trial court found him guilty of the offenses. The trial
court sentenced him to twelve months in prison, suspended the
prison sentence, and placed him on two years of community
Mr. Trice now appeals from his convictions and raise one
assignment of error for this Court's review.
TRIAL COURT ERRED BY OVERRULING THE DEFENDANT'S MOTION TO
SUPPRESS, VIOLATING MR. TRICE'S FOURTH AMENDMENT RIGHTS
TO BE FREE FROM UNREASONABLE SEARCH AND SEIZURE.
In his sole assignment of error, Mr. Trice argues that the
trial court erred in denying his motion to suppress because
the police officers did not have a reasonable suspicion to
believe Mr. Trice ...