State v. Haught
CourtOhio Court of Appeals
Date FiledNovember 12, 2026
Docket116045
JudgeClary
StatusPublished
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Full Opinion
[Cite as State v. Haught, 2026-Ohio-4479.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellant, : No. 116045
v. :
MAKAYLA HAUGHT, :
Defendant-Appellee. :
_______________________________________
JOURNAL ENTRY AND OPINION
JUDGMENT: REVERSED AND REMANDED
RELEASED AND JOURNALIZED: November 12, 2026
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-23-686161-B
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney. Sarah E. Hutnik and Owen Knapp, Assistant
Prosecuting Attorneys, for appellant.
Cullen Sweeney, Cuyahoga County Public Defender, and
Michael V. Wilhelm, Assistant Public Defender, for
appellee.
TIMOTHY W. CLARY, J.:
Plaintiff-appellant the State of Ohio (“State”) appeals the trial court’s
grant of defendant-appellee Makayla Haught’s (“Haught”) motion to suppress
evidence. For the following reasons, we reverse and remand.
I. Factual and Procedural History
On November 2, 2022, Trooper Jordan Hershman (“Trooper
Hershman”), a member of the Ohio State Highway Patrol (“OSHP”), initiated a
traffic stop on Interstate 80 that is the basis of this appeal.
While parked in a marked vehicle on the crossover of Interstate 80,
Trooper Hershman observed a 2022 Toyota Avalon follow too closely to a semitruck
— the car was only two-and-one-half car lengths behind the truck. The Avalon was
a rental car driven by Robert Thompson (“Thompson”); Haught was the front-seat
passenger. Thompson activated his turn signal and quickly merged into the right
lane, failing to initiate his signal for the required 100 feet prior to making a lane
change. Thompson continued in the right lane, following another semitruck with
only two-and-one-half car lengths between the two vehicles. The road conditions
were clear, with no snow or rain, and the Avalon drove the posted speed limit.
Trooper Hershman entered the highway and initiated a traffic stop of the Avalon on
the right highway shoulder. On appeal, the parties do not dispute the validity of the
traffic stop.
Trooper Hershman testified about his standard procedures when he
stops a vehicle because of a traffic violation:
DEFENSE COUNSEL: Why don’t you walk us through — what do you
do when you stop somebody for a traffic violation, what is your normal
procedure?
TROOPER HERSHMAN: Normal procedure is to ask the basic
questions. First, to get their information, explain the traffic violation
to them. And at that point after I got their information, I take it back
to my patrol car and run their information and make sure they are valid
and don’t have any warrants. And then as I talk to them, I gather their
information, I ask the basic questions where they are coming from and
where they are going to and what their travel is for.
DEFENSE COUNSEL: Those are your routine record checks that you
do with every –
TROOPER HERSHMAN: Yes.
Tr. 59-60. Trooper Hershman testified that it typically takes him 10-15 minutes to
conduct a record check although an out-of-state license takes longer to complete.
Trooper Hershman also testified that he routinely has occupants of a stopped vehicle
take a seat in his patrol car because it is dangerous and loud on the side of the
highway and he prefers to have them in his patrol car should he need to ask any
additional questions while conducting a record check.
In the instant case, Trooper Hershman approached the Avalon,
requested Thompson’s driver’s license and car insurance, and “just began talking to
him.” Tr. 16. Trooper Hershman described his interaction with Thompson:
While talking to [Thompson] and gathering his information, he was
overly friendly with me to a very extreme level and laughing nervously,
laughing at things that weren’t funny. I found that extra odd because
the front seat passenger, Mrs. Haught, was not engaged in the
conversation and was focused forward and was very nervous and
breathing heavy.
Tr. 19. During his initial contact with Thompson, Trooper Hershman did not smell
marijuana emanating from the vehicle. Thompson advised that his brother, who
was not in the vehicle, had signed the rental car agreement; Thompson provided
Trooper Hershman with his driver’s license and the vehicle rental agreement.
Trooper Hershman testified that he “had Mr. Thompson exit the vehicle and come
back to [his] patrol car while [he] checked over [Thompson’s] information.” Tr. 18.
Trooper Hershman conducted a pat down of Thompson, which revealed no
contraband, and Thompson then sat in the back of the patrol car while Trooper
Hershman performed a routine record check.
Trooper Hershman described why Thompson and Haught were not
free to leave at that point:
DEFENSE COUNSEL: And so why is [Thompson] not free to go?
TROOPER HERSHMAN: When I have you come back to my patrol car,
I’m checking your information at that point in time, driver’s license, the
rental agreements. I typically — I don’t have it in my reports, but
typically I would check the criminal history if I start seeing strange
behavior that would lead me to believe something criminal is going on.
DEFENSE COUNSEL: Okay. He’s detained though; correct?
TROOPER HERSHMAN: On the traffic stop, yes. Not free to leave.
DEFENSE COUNSEL: [Haught] is detained. She is not free to leave.
TROOPER HERSHMAN: No.
Tr. 55-56.
While seated in the patrol car, Thompson informed Trooper
Hershman that he and his friend, Haught, had been at a baby shower in Detroit,
Michigan. He further stated that because Haught had overslept, he was driving her
back to West Virginia where Thompson was headed to help move his brother.
Thompson did not know Haught’s last name.
Trooper Hershman requested that Trooper Dowler and Sergeant
Trader assist with the traffic stop and conduct a free-air sniff with the narcotics
canine. Trooper Hershman testified that he did not recall when, during the traffic
stop, he contacted the canine unit. Trooper Hershman further stated that OSHP
protocol was to have all passengers exit a vehicle before conducting a free-air sniff:
For our policy and our safety, we don’t want anyone in the vehicle when
we conduct a free[-]air sniff because our dogs are dual purpose. They
apprehend people and sniff drugs, so it’s safer for everybody.
Tr. 63.
Trooper Hershman testified that upon approaching the Avalon for a
second time to ask Haught to exit the vehicle, he smelled raw marijuana — an odor
he is familiar with because of his training and experience with the OSHP —
emanating from the passenger compartment of the vehicle. He did not inform
Haught of this information, but asked her to exit her car because of the free-air sniff
protocol. Additionally, as Trooper Hershman spoke with Haught, “there [were]
things that [we]re giving [him] reasonable suspicion. So [he] want[ed] to talk to
her.” Tr. 62. Trooper Dowler and Sergeant Trader were on scene when Haught
exited the Avalon.
Trooper Hershman stated that less than ten minutes had elapsed
when he thought he smelled raw marijuana. Trooper Hershman testified that the
odor of marijuana gave him probable cause to search the Avalon. Trooper
Hershman was not questioned about nor did he specifically state whether he had
completed Thompson’s routine record check when he approached the Avalon a
second time.
Trooper Hershman testified that Haught confirmed she and
Thompson were coming from a baby shower in Michigan. Haught also told him that
Thompson was her boyfriend who stayed with her in West Virginia, she did not know
his last name, and she had a marijuana pipe in her purse that was in the passenger
compartment of the Avalon. At that point, Trooper Hershman read Haught her
Miranda rights.
According to Trooper Hershman, upon being subject to a pat-down
search, Haught admitted to possessing a glass smoking pipe in the waistband of her
pants. He testified that when he asked Haught if there was anything illegal in the
vehicle, she stated that they were transporting something, but she did not know
what. Trooper Hershman further testified that Haught stated her role in
transporting the unknown items was to help drive the vehicle, and Haught admitted
she did not really know Thompson. Haught asked Trooper Hershman not to inform
Thompson about her comments because “it could get her into a lot of trouble.” Tr.
26. Haught was placed in Trooper Dowler’s patrol car while the troopers completed
a search of the Avalon.
Trooper Dowler conducted a probable cause search of the passenger
compartment that revealed a pipe and digital scale in Haught’s purse. Sergeant
Trader searched the vehicle’s trunk and discovered methamphetamine, cocaine, and
heroin. No marijuana was found in the vehicle. Trooper Hershman testified that he
did not conduct a free-air sniff because the odor of raw marijuana gave him probable
cause to search the vehicle.
Trooper Hershman further testified that after the probable-cause
search, he believed he issued Thompson a written warning for failing to properly use
his turn signals.
During the hearing on Haught’s motion to suppress, Trooper
Hershman was questioned about his investigation of the traffic violations that
initiated the traffic stop:
DEFENSE COUNSEL: Okay. What part of following too closely are
you investigating when you ask questions of the driver and Ms.
Haught?
TROOPER HERSHMAN: It would depend on each stop, more so when
I make the traffic stop. I’m going to talk to the driver of the vehicle.
And if they’re — and if they appear to be tired or I ask them where they
are coming from and it’s a long distance, and if they show signs of being
tired, plus they are coming from far away, I make a suggestion, maybe
you are sleepy, you can stop and get rest. It depends on their behavior,
what I see from them, and the violation.
DEFENSE COUNSEL: But you don’t — you didn’t do that in this case;
correct?
TROOPER HERSHMAN: No. But like I said, when I stopped him, he
is laughing and talking normal to me. So he didn’t show any signs of
being tired.
DEFENSE COUNSEL: Was there any additional investigation at that
point then of the turn signal violation?
TROOPER HERSHMAN: No.
DEFENSE COUNSEL: Okay. So you don’t ask him, Hey, man, can you
hit your turn signals for me and see and [sic] if they’re working?
TROOPER HERSHMAN: No. Because I know they’re working. I
watched him use the turn signal.
DEFENSE COUNSEL: So you are not investigating turn signals.
You’re not investigating the following too closely. And those are the
only two reasons that you had to pull this vehicle over?
TROOPER HERSHMAN: Well, I am investigating the traveling too
close. I’m asking where they are coming from and going to, and I’m
looking at his physical demeanor while I’m doing that.
DEFENSE COUNSEL: Do people from Michigan follow too close?
TROOPER HERSHMAN: Say that again.
DEFENSE COUNSEL: Do people from Michigan follow too close?
TROOPER HERSHMAN: I’m sorry, I don’t know how to answer that
question.
DEFENSE COUNSEL: What is it about following too closely that
you’re investigating when you ask them how they know each other?
TROOPER HERSHMAN: Well that’s beyond the traffic stop at that
point. I’m up there and observing, like I testified to earlier, he is overly
laughing at me and talking to me and excited talking to me the entire
time which is not normal. And what is even more abnormal is when
the driver is happy and talking to me, the passenger is terrified and
staring straight forward.
DEFENSE COUNSEL: How long did it take you to complete the traffic
stop portion of this?
TROOPER HERSHMAN: The traffic stop is the entire thing. It’s not a
start to finish from when the traffic starts, stops and goes.
DEFENSE COUNSEL: How long did it take you to stop investigating
the reasons you pulled them over?
TROOPER HERSHMAN: Once I was up there with the vehicle and
started observing behavior.
DEFENSE COUNSEL: So that traffic — the following too closely, the
lane change, those are essentially over immediately; correct?
TROOPER HERSHMAN: Not immediately. You are still talking to
them. But when I’m on that typical traffic stop for the violation I
stopped you for, and I start seeing indicators that I have seen with
criminal stuff in the past, then I start investigating that as well.
Tr. 51-54.
TROOPER HERSHMAN: Again, the traffic violation and the
reasonable suspicion are all flown [sic] into together. One doesn’t
stop and one begins. It’s all one traffic stop.
Tr. 58.
DEFENSE COUNSEL: We can agree there is a certain point of which
there is nothing to investigate on the lane change and the following too
closely; correct?
TROOPER HERSHMAN: No. I don’t agree. The whole traffic stop like
I said before, flows together.
Tr. 59.
Trooper Hershman’s body-camera and patrol vehicle’s dash-cam
recorded the events of the traffic stop. However, the recordings were erased either
because of improper long-term storage procedures or a glitch that occurred when
the department’s storage system was transitioned to a new vendor. Trooper
Hershman testified that the video recordings were not intentionally destroyed and
their absence was due to human error. According to Trooper Hershman, Trooper
Dowler’s and Sergeant Trader’s patrol cars also had dash-cam recordings but
standard protocol was for the trooper initiating the traffic stop to preserve video
recordings as evidence.
Approximately one year after the traffic stop, on November 15, 2023,
a Cuyahoga County Grand Jury indicted Haught on three counts of drug trafficking
in violation of R.C. 2925.03(A)(2) and three counts of drug possession in violation
of R.C. 2925.11(A). All six counts are felonies of the first degree, punishable by three
to 11 years of prison time, and four of the counts include major drug offender
specifications. Sixteen months later, on March 12, 2025, Haught pleaded not guilty
to all counts.
On October 31, 2025, Haught filed a motion to suppress, and the State
filed a brief in opposition.1 The court conducted a hearing on the motion, and the
court issued a detailed judgment entry that granted Haught’s motion to suppress.
The court’s order found that Haught lacked standing to challenge the search of the
vehicle. However, the court’s order granted Haught’s motion to suppress and
stated, in part: “[Haught’s] motion to suppress is hereby granted. It is hereby
ordered all statements made by [Haught] to law enforcement and all evidence
recovered as a result of the search are hereby excluded and suppressed.” Jan. 13,
2026 journal entry, p. 15.
On January 20, 2026, the State filed a notice of appeal and now
presents a sole assignment of error: The trial court erred when it granted appellee’s
1 On November 7, 2025, Haught filed her first amended motion to suppress.The
only modification to the amended motion was made to the certificate of service that
reflected the actual service date of October 31, 2025.
motion to suppress evidence based on the duration of the traffic stop. This appeal
addresses the suppression of Haught’s statements and evidence recovered during
the search of Haught. The search of the vehicle is not at issue on appeal.
II. Legal Analysis
A. Standard of Review
On appeal, a motion to suppress presents a mixed question of law and
fact. State v. Burnside, 2003-Ohio-5372, ¶ 8. “When considering a motion to
suppress, the trial court assumes the role of trier of fact and is therefore in the best
position to resolve factual questions and evaluate the credibility of witnesses.” Id.,
citing State v. Mills, 62 Ohio St.3d 357, 366 (1992). This court necessarily defers to
the trial court’s “factual findings because it is in the better position to resolve
questions of fact and to evaluate witness credibility.” State v. McGowan, 2011-Ohio-
5663, ¶ 17 (8th Dist.). Thus, an appellate court accepts the trial court’s findings of
fact if they are supported by competent, credible evidence. State v. Preztak, 2009-
Ohio-621, ¶ 22 (8th Dist.). Upon accepting the facts as true, “the appellate court
must then independently determine, without deference to the conclusion of the trial
court, whether the facts satisfy the applicable legal standard.” Burnside at ¶ 18,
citing State v. McNamara, 124 Ohio App.3d 706 (4th Dist. 1997).
“At a hearing on a motion to suppress, the [S]tate bears the burden of
establishing the validity of a traffic stop. . . . Likewise, once a warrantless search is
established, it is the [S]tate’s burden to show the validity of the search.” Lakewood
v. Shelton, 2011-Ohio-4408, ¶ 13 (8th Dist.), citing Xenia v. Wallace, 37 Ohio St.3d
216, 218 (1988).
B. Analysis
The State’s appeal is limited to the argument that the trial court erred
when it granted Haught’s motion to suppress based on the duration of the traffic
stop. On appeal, the legality of the traffic stop is not disputed.
“A traffic stop is considered a seizure under the Fourth Amendment
of the United States Constitution.” Heien v. N. Carolina, 574 U.S. 54, 60 (2014). “A
police officer may stop and detain a motorist when he [or she] has a reasonable and
articulable suspicion that a motorist has committed, is committing, or is about to
commit any criminal offense, including a traffic offense, and no independent
reasonable and articulable suspicion of other criminal activity is required. . . .” State
v. Nelson, 2009-Ohio-2546, ¶ 30 (2d Dist.), citing Terry v. Ohio, 392 U.S. 1 (1968).
“[T]he tolerable duration of police inquiries in the traffic-stop context
is determined by the seizure’s ‘mission’ — to address the traffic violation that
warranted the stop, and attend to related safety concerns.” Rodriguez v. United
States, 575 U.S. 348, 354 (2015).
Beyond determining whether to issue a traffic ticket, an officer’s
mission includes “ordinary inquiries incident to [the traffic] stop.”
Caballes, 543 U. S., at 408, 125 S. Ct. 834, 160 L. Ed. 2d 842. Typically
such inquiries involve checking the driver’s license, determining
whether there are outstanding warrants against the driver, and
inspecting the automobile’s registration and proof of insurance.
Id. at 355. When an officer detains a motorist for a traffic violation, the officer may
delay the motorist for a sufficient time to issue a ticket or a warning, including the
time sufficient to run a computer check on the driver’s license, registration, and
vehicle plates. State v. Batchili, 2007-Ohio-2204, ¶ 12; State v. Dunlap, 2024-Ohio-
4821, ¶ 23-24. (“And once a traffic stop has been validly initiated, an officer is
entitled to complete the mission of the stop, even after the initial reasonable
suspicion has been dispelled.”). “Authority for the seizure ends when tasks tied to
the traffic infraction are — or reasonably should have been — completed.”
Rodriguez at 349.
“An officer may also ask the driver about matters unrelated to the
traffic stop itself, provided the questions do not measurably extend the stop.” State
v. Byrd, 2022-Ohio-4635, ¶ 19 (8th Dist.), citing State v. Johns, 2019-Ohio-4269,
¶ 16 (5th Dist.), citing Rodriguez at 354.
An officer can order a driver to exit his or her vehicle, which is
properly stopped for a traffic violation, without suspicion of criminal activity. State
v. Evans, 67 Ohio St.3d 405, 407 (1993), citing Pennsylvania v. Mimms, 434 U.S.
106 (1977). An officer’s request that the driver exit his or her vehicle and submit to
a limited pat-down search of the driver’s exterior clothing is not a violation of the
Fourth Amendment. State v. White, 2014-Ohio-4202, ¶ 19-20 (8th Dist.).
Further, even absent a reasonable suspicion of drug-related activity,
a vehicle stopped pursuant to a valid traffic violation may be subject to a narcotics
canine’s free-air sniff of the exterior of the vehicle. State v. Jones, 2014-Ohio-2763,
¶ 23 (8th Dist.), citing State v. Jones, 2004-Ohio-7280, ¶ 24 (4th Dist.), citing State
v. Rusnak, 120 Ohio App.3d 24, 28 (6th Dist. 1997). A canine free-air sniff is not
considered a search under the Fourth Amendment of the United States Constitution
or the Ohio Constitution. State v. Beavers, 2007-Ohio-2915, ¶ 13 (8th Dist.), citing
United States v. Place, 462 U.S. 696, 707 (1983). “‘Police officers are permitted to
conduct a canine-sniff during the time that it takes to issue a traffic citation provided
the duration of the traffic stop is not extended beyond what is reasonably necessary
to resolve the traffic violation matter.’” State v. Franklin, 2026-Ohio-1189, ¶ 30 (8th
Dist.), citing Byrd at ¶ 22, citing In re $75,000.00 United States Currency, 2017-
Ohio-9158, ¶ 28 (8th Dist.). “Once a drug dog indicates an odor of drugs in a lawfully
detained vehicle, officers have probable cause to search the vehicle.” Beavers at ¶ 13,
citing State v. Nguyen, 2004-Ohio-2879, ¶ 22 (6th Dist.).
If the circumstances attendant to the traffic stop create a reasonable
suspicion of other illegal activity, the officer may detain the motorist so long as the
new articulable and reasonable suspicion continues. Jones, 2014-Ohio-2763 at ¶ 22
(8th Dist.), citing State v. Moore, 90 Ohio St.3d 47, 48 (2000); State v. Fips, 2026-
Ohio-1207, ¶ 18, citing State v. Hale, 2024-Ohio-4866, ¶ 24 (“When an officer
discovers facts during a traffic stop that give rise to a reasonable suspicion of
criminal activity, the officer may extend the traffic stop to investigate.”). “This is so
even if the suspected criminal activity is ‘beyond that which prompted the initial
stop.’” Fips at ¶ 18, quoting Batchili, 2007-Ohio-2204 at ¶ 15. The existence of
reasonable suspicion is determined by evaluating the totality of the circumstances
“‘“through the eyes of the reasonable and prudent police officer on the scene who
must react to events as they unfold.””’ State v. Heard, 2003-Ohio-1047, ¶ 14 (2d
Dist.), quoting State v. White, 2002 Ohio App. LEXIS 145, *5 (2d Dist. 2002),
quoting State v. Andrews, 57 Ohio St.3d 86, 87-88 (1991). “Reasonable suspicion
requires more than an inchoate and unparticularized suspicion or hunch, and the
police officer must base his suspicion on specific and articulable facts that criminal
activity may be afoot.” Byrd at ¶ 25, citing Cleveland v. Maxwell, 2017-Ohio-4442,
¶ 18-19 (8th Dist.), citing Terry, 392 U.S. 1 at 21.
Here, following the valid traffic stop, Thompson provided Trooper
Hershman with his Michigan driver’s license and a copy of the rental car agreement.
Trooper Hershman asked Thompson about his travel plans, asked him to exit the
vehicle, performed a pat-down search of his exterior clothing, and asked him to sit
in the patrol vehicle while the trooper completed a record check. At some point
during the traffic stop and without a reasonable suspicion of drug-related activity,
Trooper Hershman contacted Trooper Dowler and Sergeant Trader and requested
that they conduct a canine free-air sniff of the vehicle. All of these acts were within
the parameters of the law and did not violate Haught’s Fourth Amendment rights.
The next inquiry is whether the traffic stop was unnecessarily
prolonged. As stated above, an officer’s mission at the time of a traffic stop
incorporates basic inquiries, including checking the driver’s license, determining if
the driver has any outstanding warrants, and inspecting the automobile’s
registration and proof of insurance. Rodriguez, 575 U.S. 348 at 355. An officer is
entitled to finish carrying out the traffic stop’s mission, such as completing a record
check, without reasonable suspicion of a crime beyond the traffic violation. State v.
Tanner, 2025-Ohio-2087, ¶ 21 (2d Dist.) (“Under the Fourth Amendment, absent
reasonable suspicion, [the officer] was only permitted to detain Tanner for the
amount of time necessary to issue the citation and perform routine procedures, such
as a computer check on the motorist’s driver’s license, registration and vehicle
plates.”). “When determining whether there is a Fourth Amendment issue with the
length of a traffic stop, courts examine the totality of the circumstances and must
ask ‘“at what point in time did the purpose of the traffic stop end and the detention
of the driver and the vehicle’s occupants begin?”’” In re $75,000.00 United States
Currency (Katz), 2017-Ohio-9158 at ¶ 27, quoting State v. Fontaine, 2013-Ohio-
5257, ¶ 16, 18 (8th Dist.), quoting United States v. Bonilla, 357 Fed. Appx. 693 (6th
Cir. 2009); citing U.S. v. Torres-Ramos, 536 F.3d 542, 550 (6th Cir. 2008); Batchili,
2007-Ohio-2204 at ¶ 12.
It is unknown when the troopers and the narcotics canine arrived to
assist Trooper Hershman. However, the testimony established that Haught exited
the Avalon and was placed in the back of Trooper Dowler’s patrol car. Accordingly,
Trooper Dowler and Sergeant Trader had arrived before or at the time Trooper
Hershman approached the Avalon a second time to communicate with Haught.
Trooper Hershman did not testify that the traffic stop was extended to facilitate the
canine free-air sniff, and the evidence did not indicate an extension occurred.
The court’s findings of fact stated that Trooper Hershman conducted
a record check on Thompson after he placed the driver in the back of his patrol car.
Trooper Hershman testified that a record check typically takes 10-15 minutes
although an out-of-state license, such as Thompson’s, requires additional time. He
further testified that as he approached the vehicle with the intent of asking Haught
to exit the vehicle so that the canine could perform the free-air sniff, less than 10
minutes had elapsed from the start of the traffic stop. The timing indicated Trooper
Hershman was still conducting a record check when he approached the vehicle to
speak with Haught and smelled raw marijuana.
Although the overall length of a traffic stop is relevant in determining
if a traffic stop is prolonged, a court’s inquiry should not only assess whether the
overall length of time was reasonable, but whether the time taken was reasonable to
affect the purpose of the stop. See Rodriguez, 575 U.S. 348 at 357; Byrd, 2022-Ohio-
4635 at ¶ 19 (8th Dist.), citing Batchili, 2007-Ohio-2204 at ¶ 12 (“When a police
officer detains a motorist for a traffic violation, the officer may delay the motorist
for a time period sufficient to issue a ticket or a warning and this measure includes
the time sufficient to run a computer check on the driver’s license, registration, and
vehicle plates.”); State v. Brown, 2009-Ohio-3804, ¶ 22 (6th Dist.), quoting State v.
Beltran, 2005-Ohio-4194, ¶ 16 (12th Dist.) (“‘When conducting the stop of a motor
vehicle for a traffic violation, an officer may detain the vehicle for a time sufficient
to investigate the reasonable, articulable suspicion for which the vehicle was initially
stopped.’”). Based upon relevant case law, Trooper Hershman could continue the
traffic stop to complete the record check and issue a warning or citation and during
that time he was permitted to conduct a free-air sniff with the narcotics canine.
Trooper Hershman’s approach of the vehicle a second time to ask Haught to exit the
vehicle was reasonable based upon his mission to complete an out-of-state record
check and his decision to conduct a free-air sniff. The evidence did not show Trooper
Hershman detained Thompson and Haught solely to conduct the free-air sniff. 2 The
traffic stop was not unnecessarily prolonged.
For the foregoing reasons, the trial court erred when it determined
the traffic stop was prolonged unnecessarily and granted Haught’s motion to
2 We note that the trial court relied on Byrd, 2022-Ohio-4635 (8th Dist.), to support
its conclusion that Trooper Hershman unreasonably prolonged the traffic stop. The officer
in Byrd completed his investigation of the traffic stop before the arrival of the narcotics
canine. The officer extended the detention of Byrd beyond the mission of the traffic stop
until the narcotics canine arrived based on a hunch of criminal behavior. The officer needed
a reasonable, articulable suspicion to prolong the stop after completing his investigation of
the traffic stop. Accordingly, the prolonged detention of Byrd amounted to a violation of
his Fourth Amendment right against an unreasonable search and seizure. The facts before
us are distinguishable from those in Byrd. Here, there was no evidence that Trooper
Hershman concluded the traffic stop before the narcotics canine arrived or before he
approached the Avalon for a second time to ask Haught to exit the vehicle.
The trial court also concluded that “the initial investigation into the traffic stop
ended almost immediately upon Trooper Hershman’s first approach of the vehicle” and,
therefore, the “stop was unreasonably prolonged beyond the time reasonably required to
complete the mission of the stop.” Jan. 13, 2026 judgment entry, p. 13 and 14. The trial
court presumably relied on Trooper Hershman’s initial statement that his questioning of
Thompson and Haught about how they knew one another was “beyond the traffic stop.” Tr.
53. But Trooper Hershman subsequently stated several times that the traffic stop
encompassed all his interactions with Thompson and Haught. And, more importantly, an
officer’s mission during a traffic stop includes inquiries about the violation and running a
check on the driver’s license, registration, and vehicle plates. Trooper Hershman had not
completed his mission, nor could Haught argue that he reasonably should have completed
those tasks, before he approached the vehicle for a second time to communicate with
Haught.
suppress. Accordingly, we reverse the trial court’s order and remand to the trial
court for further proceedings.
Judgment reversed and remanded.
It is ordered that appellant recover from appellee the costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
_______________________
TIMOTHY W. CLARY, JUDGE
MARY J. BOYLE, P.J., and
KATHLEEN ANN KEOUGH, J., CONCUR