State v. McDowell

In State v. McDowell (Oct. 6, 2000), Ashland App. No. 99COA01328, 2000 Ohio App, the officer believed that a wanted drug dealer was in a certain car. The officer wanted to stop the car to execute a bench warrant. The car stopped at a convenience store, and the officer realized the dealer was not in the car. Nevertheless, the officer got out and told the driver and the passenger to remain in the car while he checked for outstanding warrants. The court determined that "once Sgt. Bammann determined the passenger in the Cadillac was not the drug dealer, he had no reasonable, articulable facts or suspicion of criminal activity to justify appellant's continued detention. By detaining appellant after it was determined he was not the drug dealer, the scope and duration of the investigatory stop lasted longer than was necessary 'to effectuate the purpose for which the initial stop was made.'" Id., quoting State v. Bevan (1992), 80 Ohio App.3d 126, 129, 608 N.E.2d 1099.