Alliance v. Lilly
2017 Ohio 5788
| Ohio Ct. App. | 2017Background
- At 1:58 a.m. Officer Michael Donley observed Roger Lilly make an excessively wide right turn, swinging nearly to the opposite curb and remaining in the opposite lane for about half a block.
- Donley stopped Lilly for the wide turn and cited him for an improper turn, seatbelt violation, and operating a vehicle under the influence.
- Lilly told the officer debris from a fire‑damaged building forced him to make the wide turn; Donley later returned to the scene and saw no debris.
- Donley’s dash and POV camera footage captured the maneuver; Lilly testified and submitted photos taken the next morning of the damaged building.
- Lilly moved to suppress, arguing the stop lacked reasonable, articulable suspicion; the municipal court denied the motion, and Lilly pleaded no contest and was convicted.
- On appeal, the Fifth District reviewed de novo whether the facts supported the traffic stop and upheld the trial court’s finding of probable cause for the traffic citation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable suspicion/probable cause | Officer had probable cause to stop for an observed traffic violation (wide right turn into left lane) | Stop was unreasonable because debris from a fire‑damaged building necessitated the wide turn, so no violation occurred | Court held the stop was reasonable; officer’s observations and video provided probable cause to stop and cite Lilly |
Key Cases Cited
- Fanning v. State, 1 Ohio St.3d 19 (appellate review standard for factual findings)
- Klein v. State, 73 Ohio App.3d 486 (review of suppression factual findings)
- Guysinger v. State, 86 Ohio App.3d 592 (suppression review principles)
- Williams v. State, 86 Ohio App.3d 37 (error of law review)
- Curry v. State, 95 Ohio App.3d 93 (de novo review of ultimate suppression issue)
- Claytor v. State, 85 Ohio App.3d 623 (independent review of legal standard application)
- Ornelas v. United States, 517 U.S. 690 (reasonable suspicion/probable cause reviewed de novo)
- Terry v. Ohio, 392 U.S. 1 (framework for investigatory stops — specific and articulable facts)
- State v. Freeman, 64 Ohio St.2d 291 (totality of circumstances for Terry stops)
- Whren v. United States, 517 U.S. 806 (objective standard for traffic‑stop reasonableness)