Did Charge of Drug Possession Arise from the DUI Charges ?
In State v. Phillips (Jan. 28, 1992), Union App. No. 14-91-20, 1992 Ohio App, the defendant, Phillips, was arrested on October 7, 1989 for several traffic violations.
Before placing him in jail, the police conducted an inventory search, resulting in the discovery of a vial containing cocaine.
The police did not charge Phillips with illegal possession of cocaine until about six months later.
On appeal by State following dismissal of the indictment, the Phillips court rejected the lower court's reliance on State v. Clay (1983), 9 Ohio App.3d 216, 9 Ohio B. 366, 459 N.E.2d 609, which had held that "when new and additional charges arise from the same facts as did the original charge, and the state knew of such facts at the time of the initial indictment, the time within which trial is to begin on the additional charges is subject to the same statutory limitations period that is applied to the original charge." Id. at syllabus.
The Phillips court instead reasoned:
"The charge of cocaine possession did not arise from the original charges (driving under the influence, speeding, fleeing and no motorcycle endorsement).
Phillips was arrested and placed in jail on October 7, 1989 for the traffic violations only.
He just happened to be in jail at the time that the police discovered the cocaine."
Therefore, the court concluded, the speedy trial period for the cocaine possession charge began running on April 20, 1990, the date Phillips was served with the indictment.