Cleveland v. Jones
2019 Ohio 1525
Ohio Ct. App.2019Background
- At ~4:30 a.m. on Jan. 1, 2016, Trooper Kay observed Jones’s car approach his marked patrol vehicle at high speed and narrowly avoid a collision; the car then passed on the right and exited the highway.
- Trooper followed and stopped Jones. On contact, Jones appeared dazed, had slow/slurred speech, glassy/bloodshot eyes, and an odor of alcohol.
- Trooper asked Jones to step out and administered field sobriety tests; Jones performed poorly (HGN/VGN clues reported in state’s brief).
- Trooper arrested Jones for OVI and cited him for refusal to submit to a breath test; other charges were later dismissed when Jones pleaded no contest to OVI.
- Jones moved to suppress, arguing (1) the stop lacked probable cause, (2) there was no reasonable suspicion to request sobriety tests, and (3) no probable cause to arrest without a warrant. The municipal court denied the motion; the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Lawfulness of traffic stop (probable cause / reasonable suspicion) | Stop was lawful: trooper observed near-collision, erratic driving and had reasonable articulable suspicion to stop for R.C. 4511.34 violations | Dash-cam allegedly contradicts trooper; trooper lacked probable cause to stop | Affirmed: Totality (near-collision, late-night high-speed approach, passing on right, exiting) gave reasonable, articulable suspicion to stop; trial court credited trooper over video |
| 2. Reasonable suspicion to administer field sobriety tests | Trooper observed indicia of intoxication (glassy eyes, slurred speech, odor of alcohol, dazed appearance), justifying tests | Trooper lacked specific, articulable facts to suspect intoxication sufficient for tests | Affirmed: Post-stop observations provided a separate reasonable suspicion to conduct sobriety tests |
| 3. Probable cause for warrantless arrest for OVI | Trooper’s observations plus poor FST performance gave probable cause to arrest | Indicia (eyes, speech, odor) alone insufficient; no probable cause at arrest time | Affirmed: Combined observations and FST results provided probable cause to arrest |
Key Cases Cited
- Delaware v. Prouse, 440 U.S. 648 (1979) (Fourth Amendment protects against unreasonable vehicle stops)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause standard for arrests)
- Dayton v. Erickson, 76 Ohio St.3d 3 (1996) (traffic stop lawful when officer observes traffic violation; ulterior motive irrelevant)
- State v. Burnside, 100 Ohio St.3d 152 (2003) (appellate review of mixed law/fact in suppression: defer to trial court findings supported by competent, credible evidence)
- Bowling Green v. Godwin, 110 Ohio St.3d 58 (2006) (objective assessment of stop in light of facts and circumstances)