2015 Ohio 4410
Ohio Ct. App.2015Background
- At ~12:45 a.m. on May 1, 2014, Officer Worden observed Randy Kemp driving 58 mph in a 40 mph zone and initiated a traffic stop.
- On approach, Worden observed Kemp with a flushed face, glassy/bloodshot eyes, slurred speech, and a mild odor of alcohol; Kemp admitted to having "two to three beers."
- Officer Worden administered field sobriety tests: HGN showed four impairment clues; walk-and-turn showed three clues; Kemp declined the one-leg stand citing wind, age, and prior beers.
- Kemp refused a portable breath test (PBT); Officer Worden arrested him for OVI and charged him under O.R.C. § 4511.19(A)(1)(a).
- Kemp moved to suppress evidence and statements, arguing the officer lacked probable cause to arrest; the municipal court denied the motion, Kemp pled no contest, was convicted and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had probable cause to arrest for OVI | Officer: facts (speeding, observations, admissions, FSTs) provided probable cause | Kemp: arrest not supported; PBT request shows lack of probable cause | Court: probable cause existed based on totality (traffic violation, observations, admissions, FST performance) |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (warrantless-arrest probable-cause standard based on facts and circumstances)
- State v. Homan, 89 Ohio St.3d 421 (totality-of-circumstances governs OVI probable cause analysis)
- State v. Guysinger, 86 Ohio App.3d 592 (appellate review accepts trial court's factual findings if supported by competent, credible evidence)
- State v. Klein, 73 Ohio App.3d 486 (appellate court independently reviews legal conclusions on suppression issues)