COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 60948 STATE OF OHIO, : : Plaintiff-Appellee : : JOURNAL ENTRY vs. : and : OPINION KENNETH SMITH, : : Defendant-Appellant : : : DATE OF ANNOUNCEMENT OF DECISION : AUGUST 20, 1992 CHARACTER OF PROCEEDING : Criminal appeal from : Common Pleas Court : Case No. CR-253,136 JUDGMENT : AFFIRMED. DATE OF JOURNALIZATION : _______________________ APPEARANCES: For plaintiff-appellee: Stephanie Tubbs Jones Cuyahoga County Prosecutor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: James R. Willis Bond Court Building 1300 East Ninth Street Suite 610 Cleveland, Ohio 44114 -2- NAHRA, P.J.: Kenneth Smith appeals his convictions of drug law and possession of criminal tools. For the reasons set forth below, we affirm. On May 13, 1990, Patrolman Gerald Hall was patrolling in the area of 1855 Cliffview in Cleveland. Hall had made many drug arrests in the district and knew that numerous drug arrests had been made in the immediate area around 1855 Cliffview. Hall saw a group of men standing in a parking lot at 1855 Cliffview. He drove past the area and came back to observe the group from an area where he would not be seen. Hall observed appellant reach into his pocket, give another man an unidentified object, and receive money in return. He also saw numerous cars pull up to appellant. Appellant would lean in the window briefly, and the car would then depart. Because he believed that appellant was conducting drugs transactions, Hall radioed for assistance and returned to the area with two other police cars half an hour later. Hall testified that appellant was holding money in one hand and a red bag in the other hand. Appellant threw the red bag down and ran. The officers pursued appellant who could not escape. Appellant tried to reach into his pocket. Officer McClendon patted appellant down as a protective measure and found a bag containing 87 rocks of cocaine, over $400 in cash, and food stamps. The red bag appellant threw down was empty. Appellant was charged with two violations of R.C. 2925.03 and possession of criminal tools (money and food stamps). -3- Appellant filed a motion to suppress evidence, which was denied. Appellant then changed his plea to no contest, was found guilty and sentenced. He brought this timely appeal. Appellant's single assignment of error reads as follows: THE COURT ERRED WHEN IT DENIED THE DEFENDANT'S MOTION TO SUPPRESS. "The propriety of an investigative stop by a police officer must be viewed in light of the totality of the surrounding circumstances." State v. Bobo (1988), 37 Ohio St.3d 177, paragraph one of the syllabus, certiorari denied (1988), 488 U.S. 910. Probable cause is not required for a brief investigative stop, but the stop must be justified by specific and articulable facts indicating that the detention was reasonable. Terry v. Ohio (1968), 392 U.S. 1, 21; Delaware v. Prouse (1979), 440 U.S. 648, 663; State v. Andrews (1991), 57 Ohio St.3d 86, 87, certiorari denied U.S. , 111 S. Ct. 2833. A frisk done in conjunction with an investigatory stop is not justified where it was not conducted for the safety of the investigating officers. State v. Linson (1988), 51 Ohio App.3d 49, syllabus. In this case, Patrolman Hall observed appellant receive money from another man, and then hand the man something out of his pocket. He also saw cars drive up to where appellant stood, with appellant leaning in the windows. Given these facts, Hall reasonably suspected drug transactions, and was entitled to stop appellant. -4- Officer McClendon testified that when the officers approached him, appellant attempted to reach into his pocket. Believing that appellant could be armed, McClendon conducted a search for his own protection. McClendon did not find a weapon, but did find a bag of rock cocaine, money, and food stamps. "[C]ontraband not searched for but discovered during a valid search may be seized and is admissible in evidence." State v. Williams (1990), 51 Ohio St.3d 58, 62-63, certiorari denied U.S. , 111 S. Ct. 394. Since the cocaine, money and food stamps were found pursuant to a valid stop and frisk of appellant, the trial court properly denied appellant's motion to suppress. Affirmed. -5- It is ordered that appellee recover of appellant its 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. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. SPELLACY, J., and JAMES D. SWEENEY, J., CONCUR. JOSEPH J. NAHRA PRESIDING JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .