[Cite as State v. Shaibi, 2021-Ohio-1352.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY STATE OF OHIO, : Appellant, : CASE NO. CA2020-07-038 : OPINION - vs - 4/19/2021 : FADEL SHAIBI, : Appellee. : CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 20CR36388 David P. Fornshell, Warren County Prosecuting Attorney, Kirsten A. Brandt, 520 Justice Drive, Lebanon, Ohio 45036, for appellant Henderson, Mokhtari & Weatherly, Brandon J. Henderson, Justin M. Weatherly, 1231 Superior Avenue East, Cleveland, Ohio 44114, for appellee HENDRICKSON, J. {¶ 1} Appellant, the state of Ohio, appeals from a decision of the Warren County Court of Common Pleas granting a motion to suppress filed by appellee, Fadel Shaibi (hereafter, "Shaibi"). For the reasons discussed below we affirm the trial court's decision. {¶ 2} On January 21, 2020, Shaibi was indicted on one count of aggravated trafficking in drugs in violation of R.C. 2925.03(A)(2) and (C)(1)(c) and one count of Warren CA2020-07-038 aggravated possession of drugs in violation of R.C. 2925.11(A) and (C)(1)(b), both felonies of the third degree as the amount of drug involved (Cathinone, a Schedule I drug) equaled or exceeded the bulk amount but was less than five times the bulk amount. Shaibi was also indicted on one count of trafficking in drugs in violation of R.C. 2925.03(A)(2) and (C)(2)(a), a felony of the fifth degree as the drug involved (Cathine, a Schedule IV drug) was in an amount less than the bulk amount, and one count of possession of drugs in violation of R.C. 2925.11(A), a misdemeanor of the first degree. The charges arose out of a traffic stop and subsequent search of a rented U-Haul truck traveling northbound on I-71 in Warren County, Ohio. Shaibi was a passenger in the truck, which was being driven by his cousin Sanad Shaibi (hereafter, "Sanad"). {¶ 3} Shaibi pled not guilty to the charges and moved to suppress evidence obtained from the search of the U-Haul truck, contending that the initial stop of the vehicle was not supported by probable cause or reasonable and articulable suspicion. He further argued that law enforcement unconstitutionally prolonged his detention during the stop and that any consent he gave for the search of the truck was not voluntarily given under the circumstances. {¶ 4} On May 21, 2020, a hearing was held on Shaibi's motion to suppress. At the hearing, the state presented testimony from Ohio State Highway Patrol ("OSHP") Trooper Kyle Doebrich and introduced into evidence video footage of the stop, which had been captured on the trooper's cruiser's camera. Trooper Doebrich testified that he has been employed as a trooper with OSHP for seven years and is currently assigned to the interdiction unit. Trooper Doebrich has specific training in the use of speed detection equipment, such as laser and radar speed devices, and has also been trained in pacing and visual observation of speed. Additionally, Trooper Doebrich has received advanced training in drug interdiction, criminal interdiction, and trafficking, and he …
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