Cleveland v. Oles, 45 N.E.3d 1061

On Sept. 19, 2014, Lt. Eric Sheppard observed Benjamin Oles’ car make a sudden lane movement near Sheppard’s patrol car while monitoring I-90/I-71; Sheppard followed and initiated a traffic stop.
During the stop Sheppard smelled alcohol from Oles’ vehicle and observed sluggish movements when Oles produced documents.
Sheppard asked Oles to sit in the front passenger seat of the patrol car to determine whether the odor of alcohol came from the vehicle or from Oles; while in the cruiser Sheppard questioned Oles about alcohol consumption.
Oles admitted drinking four mixed drinks, performed field sobriety tests in which he performed poorly, and was arrested; no Miranda warnings were given prior to the questioning in the cruiser.
The municipal court granted Oles’ motion to suppress, excluding his statements and the sobriety-test results on Miranda grounds; the City appealed.
The Eighth District affirmed, holding that under the totality of circumstances a reasonable person in Oles’ position would not have felt free to leave once placed in the patrol car and questioned, so Miranda warnings were required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether questioning Oles in the front passenger seat of a patrol car constituted custodial interrogation requiring Miranda warnings	City: the stop + placement in cruiser did not create custody; questioning was routine and non-custodial	Oles: being removed from his car and questioned in officer’s cruiser about alcohol made him not free to leave — Miranda required	Court: placement in cruiser and questioning under these facts rendered the encounter custodial; Miranda warnings were required; suppression affirmed

Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation requires advisement of rights against self-incrimination and to counsel)
Berkemer v. McCarty, 468 U.S. 420 (1984) (traffic stop alone is not custody for Miranda; but subsequent treatment may render it custodial)
State v. Farris, 109 Ohio St.3d 519 (2006) (placing motorist in cruiser plus keys confiscated and pat-down supported finding of custody)
State v. Biros, 78 Ohio St.3d 426 (1997) (reasonable-person test for custody under totality of circumstances)
State v. Preztak, 181 Ohio App.3d 106 (8th Dist.) (standard of review for suppression: factual findings reviewed for competent, credible evidence; legal conclusions reviewed de novo)