[Cite as State v. Sargent , 2020-Ohio-5464.]

Atty. Paul J. Gains , Mahoning County Prosecutor
, and Atty. Ralph M. Rivera , Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Young stown, Ohio 44503, for Plaintiff-Appellant and
Atty. Gregg Rossi, and Atty. James Melfi, Rossi & Rossi Co., 26 Market Street, 8 th Floor, Huntington Bank Building, P.O. Box 6045, Youngstown, Ohio 44501 , for DefendantAppellee. 

## IN THE COURT OF APPEALS OF OHIO

SEVENTH APPELLATE DISTRICT MAHONING COUNTY

STATE OF OHIO,
Plaintiff-Appellant,

v. CHAD SARGENT,
Defendant-Appellee.

OPINION AND JUDGMENT ENTRY Case No. 20 MA 0034

Criminal Appeal from the Court of Common Pleas of Mahoning County, Ohio Case No. 19-CR-956

BEFORE: David A. D’Apolito, Gene Donofrio, Cher y l L. Waite, Jud g es.

JUDGMENT: Affirmed.– 2 –

Case No. 20 MA 0034 Dated: November 18, 2020

D’Apolito, J.
{¶1} Appellant, the State of Ohio, appeals from the March 4, 2020 ju dgment of the Mahoning County Court of Common Pleas granting Appellee’s, Chad Sargent, motion to suppress following a hearing. On appeal, the State contends the trial court applied the wrong standard. Specifically, the State argues the trial court erred in determining that it had to demonstrate that Trooper John Lamm, with the Ohio State Highway Patrol, had probable cause to effectuate a traffic stop of Sargent’s vehicl e for an R.C. 4513.05(A) license plate violation and in determining that it failed to de monstrate that Trooper Lamm had a reasonable, articulable suspicion to effectuate the stop. Finding no reversible error,
we affirm.

FACTS AND PROCEDURAL HISTORY

{¶2} On November 7, 2019, Sargent was indicted by the Mahoning Count y Grand Jury on one count of improperly handling firearms in a mo tor vehicle, a felony of the fourth degree, in violation of R.C. 2923.16(B) and (I). Sa rgent retained counsel, pleaded not guilty at his arraignment, and waived his right to a speedy trial. {¶3} On December 9, 2019, Sargent filed a motion to suppress. A hea ring was held on February 19, 2020. {¶4} Trooper Lamm testified for the State that he works midnights an d was on duty on May 6, 2019 in the Austintown area. (2/19/2020 Suppres sion Hearing T.p. 4, 9). The dash cam video was played for the court. ( Id. at 5; State’s Exhibit 2). Trooper Lamm was traveling westbound on Mahoning Avenue. ( Id. at 6). He observed Sargent’s vehicle making a right-hand turn onto Viall Road. ( Id. ) Trooper Lamm looked down the street and twice determined that Sargent’s license plate light was not illuminated in a manner which would make it readable from 50 feet. ( Id. ) Trooper Lamm stopped Sargent’s vehicle due to the alleged traffic violation. ( Id. at 7). {¶5} As he approached the car, Trooper Lamm noticed that Sargent was breathing heavily, “appeared overly nervous,” his eyes were “gl assed over,” and the inside of his vehicle was “very cluttered,” but he did not smel l any alcohol. ( Id. at 8-9).– 3 –

Case No. 20 MA 0034 Trooper Lamm brought Sargent back to his cruiser and placed him in the front seat. ( Id. at 9). Trooper Lamm performed an HGN test which did not reveal any clue that Sargent was impaired. ( Id. at 10). {¶6} Upon questioning, Sargent revealed that there was a loaded gun in the center console of his vehicle. ( Id. at 11). The LEADS printout showed that Sargent did not have a concealed carry license. ( Id. ) Trooper Lamm placed Sargent in the back seat of his cruiser and he searched Sargent’s vehicle. ( Id. at 13). Trooper Lamm then seized the firearm, placed Sargent under arrest, and took him to the s tation. ( Id. at 13-14). {¶7} On cross-examination, Trooper Lamm testified that on the night at issue, he was heading westbound on Mahoning Avenue and Sargent was travel ing eastbound. ( Id. at 16). He observed Sargent’s vehicle making a right-hand turn onto Viall Road. ( Id. at 17). At that point, Trooper Lamm did not see the rear of Sarge nt’s car. ( Id. ) Trooper Lamm then also turned onto Viall Road and followed Sargent. ( Id. ) Trooper Lamm agreed, and the video reveals, “that the distance between when [he] activated [his] lights and where Mr. Sargent’s vehicle was was [sic] certainly greater than 50 feet.” ( Id. at 19; State’s Exhibit 2). Trooper Lamm indicated that the sole reaso n why he effectuated the traffic stop of Sargent’s vehicle was because the rear license plate was not illuminated. ( Id. at 19-20). {¶8} When Trooper Lamm exited his cruiser to approach Sargent’s vehi cle, he did not do a further inspection of the rear license plate light . ( Id. at 22-23). Sargent was “cooperative and compliant” during the stop. ( Id. at 24). A picture of Sargent’s license plate, HCC 6514, was taken after he was released showing two il luminated lights, “one on the left and one on the right.” ( Id. at 27-28; Defendant’s Exhibit 1). {¶9} Sargent testified that his leased vehicle, a 2017 Chevrolet Sil verado LT, is inspected every three months. ( Id. at 32). Prior to the traffic stop, Gr eenwood Chevrolet had inspected his truck. ( Id. ) Thus, Sargent was “surprised” when Trooper Lamm stopped him due to his rear license plate not being illuminated . ( Id. at 34). After Sargent was released, he retrieved his vehicle and inspected the licens e plate lights. ( Id. at 35). At that time, Sargent took a photo of his license plate showing both lights on and in working order. ( Id. ; Defendant’s Exhibit 1). {¶10} On cross-examination, Sargent testified that he told Trooper La mm that he– 4 –

Case No. 20 MA 0034 had a loaded gun in his vehicle and gave him consent to search his truck. ( Id. at 39). Sargent agreed that the photo he had taken of his license plate shows no date and time and, therefore, could have been taken on any night. ( Id. at 41-42). {¶11} On redirect examination, Sargent testified he was “positive” th at he took the photograph of his license plate on the night at issue immediate ly after he was released and picked up his vehicle. ( Id. at 44). {¶12} On March 4, 2020, the trial court granted Sargent’s motion to s uppress. Specifically, the court determined there was no evidence of an R.C. 4513.05(A) traffic violation because Trooper Lamm’s cruiser was more than 50 feet away from Sargent’s vehicle when he initiated the traffic stop, and as a result, th ere was no probable cause for Trooper Lamm to conduct the stop. The court further determined there was no reasonable, articulable suspicion that any criminal activity ha d occurred, and therefore,
the evidence discovered followi ng the illegal stop and search m ust be suppressed. {¶13} The State filed a timely appeal and raises one assignment of er ror.

ASSIGNMENT OF ERROR

THE TRIAL COURT ERRED WHEN IT CONCLUDED THAT THE STATE
FAILED TO PRESENT SUFFICIENT CREDIBLE EVIDENCE TO DEMONSTRATE THAT TROOPER JOHN LAMM HAD A REASONABLE,
ARTICULABLE SUSPICION TO EFFECTUATE A TRAFFIC STOP OF
DEFENDANT’S VEHICLE.

{¶14} In its sole assignment of error, the State argues the trial cou rt erred in granting Sargent’s motion to suppress. The State argues the tr ial court applied the wrong standard. In particular, the State alleges the trial court err ed in determining that it had to demonstrate that Trooper Lamm had probable cause to effectuate the traffic stop of Sargent’s vehicle for the R.C. 4513.05(A) violation. The State further contends the trial court erred in determining that it failed to demonstrate that T rooper Lamm had a reasonable, articulable suspicion to effectuate the stop. Appl ying the reasonable suspicion standard, we find no merit to the State’s argument.– 5 –

Case No. 20 MA 0034 A motion to suppress presents mixed issues of law and fact. State v. Lake
, 151 Ohio App.3d 378, 2003-Ohio-332, 784 N.E.2d 162, ¶ 12 (7th D ist.), citing State v. Jedd , 146 Ohio App.3d 167, 171, 765 N.E.2d 880 (4th Dist.2001.) If a trial court’s findings of fact are supported b y competent credible evidence, an appellate court must accept them. Id. The court must then determine whether the trial court’s decision met the appli cable legal
standard. Id.

There are two types of valid traffic stops: (1) where police have probable cause that a traffic violation has occurred or wa s occurring and (2) where police have reasonable articulable suspicion that criminal activity has occurred. State v. Ward , 7th Dist. Columbiana No. 10 CO 28, 2011-Ohio-3183, ¶ 35, citing Dayton v. Erickson , 76 Ohio St.3d 3, 11, 665 N.E.2d 1091 (1996); Terry v. Ohio , 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

State v. McMillon , 7th Dist. Columbiana No. 18 CO 0016, 2019-Ohio-2716, ¶ 10-11.
{¶15} The statute at issue, “Tail lights and illumination of rear lic ense plate,” provides in part:

Either a tail light or a separate light shall be so constructed and placed as to illuminate with a white light the rear registration plate, w hen such registration plate is required, and render it legible from a di stance of fifty feet to the rear. Any tail light, together with any separate li ght for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlights or auxiliary driving lights are lighted, except wher e separate lighting systems are provided for trailers for the purpose of i lluminating such registration plate.

R.C. 4513.05(A).
{¶16} This case involves a credibility issue. “‘[I]n a hearing on a motion to suppress evidence, the trial court assumes the role of trier of fact and is in the best– 6 –

Case No. 20 MA 0034 position to resolve questions of fact and evaluate the credibil ity of witnesses.’” State v.
Martin , 7th Dist. Columbiana No. 18 CO 0033, 2020-Ohio-3579
, ¶ 45, quoting State v.
Venham , 96 Ohio App.3d 649, 653, 645 N.E.2d 831 (4th Dist.1994). Alt hough not specifically stated, it appears the trial court did not believe Trooper Lamm’s testimony on direct examination. Again, Trooper Lamm indicated that he twic e determined that Sargent’s license plate light was not illuminated in a manner w hich would make it readable from 50 feet and he stopped Sargent’s vehicle due to the allege d traffic violation. (2/19/2020 Suppression Hearing T.p. 6-7). {¶17} We stress that Trooper Lamm and Sargent were initially travelin g in opposite directions. Trooper Lamm was traveling westbound on M ahoning Avenue while Sargent was traveling eastbound. ( Id. at 6, 16). Thus, at that point, it would have been impossible for Trooper Lamm to see the back of Sargent’s vehicl e. The dash cam video demonstrates that Trooper Lamm initiated his take-down lights a lmost immediately after turning onto Viall Road to follow Sargent’s vehicle. (State’s Exhibit 2). On crossexamination, Trooper Lamm agreed, and the video reveals, “that the distance between when [he] activated [his] lights and where Mr. Sargent’s vehicl e was was [sic] certainly greater than 50 feet.” ( Id. at 19; State’s Exhibit 2). Trooper Lamm admitted that he had no basis for the stop other than the alleged R.C. 4513.05(A) vi olation. ( Id. at 19-20). However, based on the facts presented, there was no reason for Trooper Lamm to stop Sargent’s vehicle for an R.C. 4513.05(A) violation. Trooper La mm was at the outset travelling in the opposite direction on Mahoning Avenue, and th ereafter, certainly more than 50 feet away when he turned to follow Sargent and initiate d his take-down lights on
Viall Road. {¶18} The trial court also heard from Sargent. He testified that his leased vehicle was inspected prior to the traffic stop and, thus, was “surpris ed” when Trooper Lamm stopped him due to his rear license plate not being illuminated . ( Id. at 32-34). After Sargent was released, he retrieved his vehicle and inspected th e license plate lights. ( Id. at 35). At that time, Sargent took a photo of his license plat e showing both lights on and in working order. ( Id. ; Defendant’s Exhibit 1). Sargent testified on redirect examin ation that he was “positive” that he took the photograph of his licen se plate on the night at issue immediately after he was releas ed and picked up his vehicle. ( Id. at 44).– 7 –

Case No. 20 MA 0034 {¶19} Upon consideration, there was no credible evidence or testimony establishing a traffic violation. The record fails to show tha t Sargent’s rear license plate was not illuminated and legible from a distance of 50 feet as r equired by R.C. 4513.05(A). There was no reasonable, articulable suspicion that any crimina l activity had occurred to justify the stop. Thus, the trial court did not err in grantin g Sargent’s motion to suppress.

CONCLUSION

{¶20} For the foregoing reasons, the State’s sole assignment of erroris not welltaken. The judgment of the Mahoning County Court of Common Ple as granting Sargent’s motion to suppress following a hearing is affirmed.

Donofrio, J., concurs.
Waite, P.J., concurs.[Cite as State v. Sargent , 2020-Ohio-5464.]

For the reasons stated in the Opinion rendered herein, the assi gnment of error is overruled and it is the final judgment and order of this Cou rt that the judgment of the Court of Common Pleas of Mahoning County, Ohio, is affirmed. C osts to be taxed against the Appellant. A certified copy of this opinion and judgment entry shall const itute the mandate in this case pursuant to Rule 27 of the Rules of Appellate Proc edure. It is ordered that a certified copy be sent by the clerk to the trial court to car ry this judgment into
execution.

NOTICE TO COUNSEL
This document constitutes a final judgment entry.