State v. Albaugh
2015 Ohio 3536
Ohio Ct. App.2015Background
- Officer Seibert stopped Jason Albaugh shortly before 10:00 PM for a nonworking rear license-plate light. Albaugh initially stopped in the middle of a busy street for about a minute before pulling onto a side street.
- During the stop Albaugh handed the officer his entire wallet in response to a request for license/registration/insurance; after the officer returned the wallet he produced the requested documents without fumbling.
- Officer observed bloodshot, slightly watery eyes and Albaugh admitted drinking two beers that evening; after exiting the vehicle the officer also smelled alcohol on his breath.
- Officer asked Albaugh to exit the vehicle and administered field sobriety tests (including HGN); Albaugh was charged with OMVI and equipment violation.
- Trial court granted a motion to suppress all evidence obtained after Albaugh was asked to exit the vehicle, concluding the officer lacked reasonable suspicion to expand the stop to FSTs; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to ask driver to exit and conduct FSTs | Officer: erratic stopping in roadway, handing entire wallet, bloodshot/watery eyes, admission of two beers justified reasonable suspicion | Albaugh: stopping in road and wallet response were odd but not signs of impairment; facts insufficient to detain beyond equipment stop | Court: reversed suppression — totality (odd stop + wallet behavior + bloodshot eyes + admission of drinking) gave reasonable basis to request exit and FSTs |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (Fourth Amendment reasonableness of investigative stops)
- Ornelas v. United States, 517 U.S. 690 (reasonable suspicion and probable cause reviewed de novo)
- State v. Andrews, 57 Ohio St.3d 86 (Ohio search and seizure principles)
- State v. Freeman, 64 Ohio St.2d 291 (totality of circumstances approach)
- State v. Curry, 95 Ohio App.3d 93 (appellate review standards for suppression rulings)
- State v. Claytor, 85 Ohio App.3d 623 (appellate review of suppression)
- State v. Guysinger, 86 Ohio App.3d 592 (appellate review of suppression)