[Cite as State v. Johns, 2019-Ohio-4269.] COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT JUDGES: STATE OF OHIO : Hon. W. Scott Gwin, P.J. : Hon. John W. Wise, J. Plaintiff-Appellee : Hon. Patricia A. Delaney, J. : -vs- : : Case No. 19-CA-5 DAVID W. JOHNS, JR. : : Defendant-Appellant : OPINION CHARACTER OF PROCEEDING: Criminal appeal from the Licking County Court of Common Pleas, Case No. 18CR00445 JUDGMENT: Affirmed DATE OF JUDGMENT ENTRY: October 16, 2019 APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant WILLIAM HAYES KEVIN GALL Licking County Prosecutor’s Office 33 West Main St., Ste 109 By: DARREN M. BURGESS Newark, OH 43055 20 South Second St., 4th Floor Newark, OH 43055 [Cite as State v. Johns, 2019-Ohio-4269.] Gwin, P.J. {¶1} Defendant-appellant David Johns, Jr. [“Johns”] appeals from the December 18, 2018 Judgment Entry of the Licking County Court of Common Pleas that overruled his motion to suppress. Facts and Procedural History {¶2} The entire stop and interaction that followed were captured on the Trooper Untied’s cruiser’s video and audio recording system. {¶3} On February 16, 2017 around 4:59 p.m., Trooper Drew Untied with the Ohio State Highway Patrol observed a gray Toyota Camry driving on Canal Road in Union Township, Licking County, Ohio traveling at 44 miles per hour in a 35 mile per hour zone and a traffic stop was initiated. The stop occurred at 5:00 p.m. Johns was identified as the driver of the vehicle. Trooper Untied made contact with Johns and advised him of the reason for the stop. Johns did not have a driver’s license so he gave the Trooper his social security number. Trooper Untied returned to his cruiser at 5:02 p.m., ran Mr. Johns’ social security number through his in-car computer system, and discovered several suspensions on Johns' license. Trooper Untied returned to the car at 5:04 p.m. and informed Johns that his driver’s license was under suspension. Trooper Untied then had the passenger, Jennifer Dymek exit the vehicle for the purpose of determining the status of her license. {¶4} Ms. Dymek gave Trooper Untied her social security number. She told Trooper Untied that she had a valid driver’s license. T. at 48. A conversation ensued in which Ms. Dymek asked the officer various questions and Trooper Untied asked Ms. Dymek about contraband. Trooper Untied returned to his cruiser to run Ms. Dymek’s information at 5:11 p.m. Trooper Untied at this time requested that a canine unit be dispatched to his location. Trooper Untied Licking County, Case No. 19-CA-5 3 determined that Ms. Dymek’s license was under suspension. At approximately, 5:12 p.m. Ms. Dymek got out of the car. Trooper Untied exited his cruiser and asked her what she was doing. Ms. Dymek told the trooper that she was going to look for her identification. {¶5} At approximately 5:13 p.m., Trooper Untied returned to the car. He inquired of Ms. Dymek about the movements in the car and what she was doing with her hands. At 5:15 p.m., Trooper Untied had ...
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