State v. Blackburn, 2016 Ohio 2674

On April 7, 2015, Trooper Kaitlin Fuller initiated a stop of a vehicle in an apartment complex; appellant Clay Blackburn, in a second vehicle, pulled over and then drove up and stopped next to the trooper.
Fuller detected an odor of alcohol and spoke with Blackburn, who admitted drinking that night; Trooper Chad McMunn arrived to assist and observed red, bloodshot eyes and occasional slurred speech.
McMunn administered standardized field sobriety tests: HGN 6/6 clues, walk-and-turn 2/8 clues, one-leg stand 1/4 clues; a portable breath test read .124.
Blackburn moved to suppress evidence, arguing the troopers lacked probable cause to arrest and to request a chemical test; the trial court denied the motion after a suppression hearing.
Blackburn pleaded no contest to operating a motor vehicle while under the influence (R.C. 4511.19(A)(1)(a)) and was convicted and sentenced; he appealed arguing the suppression denial was erroneous.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether officers had probable cause to arrest for OVI	Troopers observed odor of alcohol, admissions of drinking, HGN 6/6, red/glassy eyes, slurred speech, and PBT .124 — all support probable cause	Blackburn argued the trial court's factual findings (walk-and-turn and one-leg-stand clues) were against the weight of the evidence and that evidence did not establish probable cause	Court affirmed: considering the totality of circumstances (including HGN, admissions, PBT, observations) there was probable cause to arrest

State v. Long, 127 Ohio App.3d 328 (discussing mixed questions of law and fact on suppression review)
State v. Brooks, 75 Ohio St.3d 148 (trial court is factfinder at suppression hearings; appellate court defers to factual findings)
State v. Medcalf, 111 Ohio App.3d 142 (accept trial court’s factual findings if supported by competent, credible evidence)
State v. Williams, 86 Ohio App.3d 37 (appellate court independently reviews legal conclusions on suppression)
State v. Fanning, 1 Ohio St.3d 19 (manifest-weight review of factual findings)
State v. Klein, 73 Ohio App.3d 486 (manifest-weight standard application)
State v. Curry, 95 Ohio App.3d 93 (independent review of ultimate suppression issues)
State v. Heston, 29 Ohio St.2d 152 (probable cause standard for arrests)
State v. Miller, 117 Ohio App.3d 750 (examine totality of facts/circumstances for DUI arrests)
State v. Brandenburg, 41 Ohio App.3d 109 (totality of circumstances relevant to impairment determination)