State v. Taylor

Ohio Court of Appeals

Decided September 27, 1996

Ohio Court of Appeals · decided 1996-09-27

Good law ✅— No negative treatment on recordhow we know

Decided 1996-09-27

How this case has been cited

Cited by 45 later decisions — most recently May 2021 · most notably State v. Williams (2007), 173 Ohio App. 3d 17 - State v. Huddleston (2007)

45 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Grady, Judge,

¶1 concurring.

¶2 I agree that because a violation of R.C. 4513.02(E) confers no authority on an officer to seize a vehicle that is found to be unsafe for operation, no concomitant right of impoundment exists to reasonably justify a warrantless search of the vehicle. However, our holding does not preclude an impoundment search of a vehicle that has been abandoned, either because it is unsafe for operation or for another reason, when the officer has a valid reason to have the vehicle removed from the place where it was abandoned. Traffic safety is such a valid reason. As Judge Fain points out, in this instance the officer’s direction to the driver to leave the vehicle where it was stopped does not present that circumstance.