COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68009 STATE OF OHIO : ACCELERATED DOCKET : : Plaintiff-Appellee : JOURNAL ENTRY : -vs- : AND : IROLAND JONES : OPINION : : Defendant-Appellant : PER CURIAM : DATE OF ANNOUNCEMENT OF DECISION : JUNE 15, 1995 CHARACTER OF PROCEEDING : Criminal appeal from : Common Pleas Court : Case No. CR-308329 : JUDGMENT : AFFIRMED. DATE OF JOURNALIZATION : APPEARANCES: For Plaintiff-Appellee: STEPHANIE TUBBS JONES Cuyahoga County Prosecutor CRAIG WEINTRAUB, Assistant 8th Floor, Justice Center 1200 Ontario Street Cleveland, Ohio 44113 For Defendant-Appellant: JAMES A. JENKINS 800 Standard Building 1370 Ontario Street Cleveland, Ohio 44113 - 2 - PER CURIAM: Appellant, Iroland Jones, appeals from his conviction for carrying a concealed weapon in violation of R.C. 2923.12. On March 7, 1994, at approximately 6:55 p.m., officer Robert Tuller of the Cleveland Police Department observed appellant's pickup truck parked in the road on East 75th Street. Appellant's truck impeded the path of the police vehicle forcing Tuller to drive left of center. Tuller stopped next to appellant's truck to view the temporary license tag, which was partially obscured. Appellant then pulled away and turned right onto Grant Ave. Appellant did not use a turn signal to indicate the turn. On the basis of appellant's failure to use a turn signal, obscured licence tag, and impeding the flow of traffic, Tuller decided to stop appellant, and activated his overhead lights. Upon being stopped, appellant immediately exited his vehicle and staggered toward the police car. A fourteen-year-old female passenger remained in the vehicle. Appellant appeared intoxicated, and had no license so Tuller patted him down, placed him in the rear of the police cruiser, and verified that he had no driving privileges. Tuller then waited for backup to arrive and conducted a field sobriety test, which appellant failed. Tuller then placed appellant under arrest for DUI, and issued additional citations for impeding the flow of traffic, improper right turn, and having an obstructed license plate. An inventory - 3 - of appellant's vehicle was then conducted so that it could be impounded. The search uncovered a loaded .9mm handgun under a bag on the seat of the truck. On October 5, 1994, appellant moved to suppress the handgun on the basis that it was the fruit of an unlawful search. After conducting a hearing at which Officer Tuller was examined, the trial court denied that motion. Thereafter, appellant entered a plea of no contest to the charge of carrying a concealed weapon, was found guilty, and sentenced to 12 months incarceration, with credit for time served. Appellant now appeals raising one assignment of error. I. THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING APPELLANT'S MOTION TO SUPPRESS WHEN THE INITIAL STOP WAS MADE WITHOUT REASONABLE SUSPICION UNDER THE CIRCUMSTANCES. The United States Supreme Court, in Terry v. Ohio (1968), 2 U.S. 1, ruled that the propriety of an investigative stop by police officer must be viewed in light of the totality of the rrounding circumstances. See, State v. Bobo (1988), 37 Ohio .3d 177; State v. Woods (1993), 86 Ohio App.3d 423. In order r an investigative stop to be considered valid, the state must tablish the existence of specific and articulable facts which uld reasonably lead a police officer to believe that the fendant was indulging in criminal activity. Terry, supra, at - 4 - ; Bobo, supra, at 178. In this case the arresting officer's testimony established at there was a reasonable basis to stop appellant. Officer ller testified that appellant committed three violations of eveland traffic laws, impeding the flow of traffic, having an structed licence plate, and making an illegal right turn. ese violations of the traffic code provided a clear basis to op appellant, therefore, appellant's motion to suppress, which allenged only the initial stop, was properly denied. Judgment affirmed. - 5 - It is ordered that appellee recover of appellant costs rein taxed. The Court finds there were reasonable grounds for this peal. It is ordered that a special mandate issue out of this urt directing the Common Pleas Court to carry this judgment to execution. The defendant's conviction having been affirmed, y bail pending appeal is terminated. Case remanded to the ial court for execution of sentence. A certified copy of this entry shall constitute the mandate rsuant to Rule 27 of the Rules of Appellate Procedure. DONALD C. NUGENT, PRESIDING JUDGE JOSEPH J. NAHRA, JUDGE TERRENCE O'DONNELL, JUDGE B. This entry is made pursuant to the third sentence of Rule (D), Ohio Rules of Appellate Procedure. This is an announce- nt of decision (see Rule 26). Ten (10) days from the date reof, this document will be stamped to indicate journalization, .