2014 Ohio 5097
Ohio Ct. App.2014Background
- State challenges suppression in an OVI case after a traffic stop for multiple violations.
- Trooper smelled alcohol, observed glassy/bloodshot eyes, and noted an alcohol odor.
- Bremenkamp admitted drinking vodka, saying it was enough to get her arrested.
- Field sobriety tests showed four of six HGN clues; other tests had limited clues.
- Court suppressed ruling for lack of probable cause; on appeal, court reverses and remands.
- Arrest based on combined observations and admission, treating OVI as a strict-liability offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was probable cause to arrest for OVI | State argues admission plus odor and clues suffice | Bremenkamp argues suppression was proper due to lack of probable cause | Probable cause existed; suppression reversed and remanded |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (Ohio Supreme Court, 2003) (probable-cause standard for arrest; de novo review on appeal)
- Ornelas v. United States, 517 U.S. 690 (U.S. Supreme Court, 1996) (establishes objective probable-cause standard and deference to truthful information)
- State v. Homan, 89 Ohio St.3d 421 (Ohio Supreme Court, 2000) (probable cause to arrest for OVI; factors for assessment)
- State v. Deters, 128 Ohio App.3d 329 (Ohio App. 1st Dist., 1998) (probable-cause analysis in OVI cases)
- State v. Phoenix, 2010-Ohio-6009 (Ohio App. 1st Dist., 2010) (affirms reversal where certain factors insufficient; contrasts with Bremenkamp facts)
- State v. Ruberg, 2013-Ohio-4144 (Ohio App. 1st Dist., 2013) (rulings on HGN and corroborating facts in stop)