State v. Burnap
2012 Ohio 2047
Ohio Ct. App.2012Background
- On June 4, 2011, a gas-station employee reported a customer appeared intoxicated; she provided a white truck and license plate, traveling north on Route 23.
- Officer Ailes located a white truck with the matching plate at a McDonald’s drive-thru, engine running.
- Gas-station attendant identified the truck as the customer she called about; the driver complied with a request to pull over.
- Appellant Burnap was charged with operating a vehicle while intoxicated.
- Burnap moved to suppress the evidence, arguing the stop lacked reasonable suspicion; the trial court overruled the motion.
- The Delaware Municipal Court judgment was reversed and the charge dismissed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | State contends tip plus corroborating observations justified the stop | Burnap argues tip alone insufficient; no independent observations to confirm intoxication | The stop was not supported by reasonable suspicion; suppression reversed; charge dismissed |
Key Cases Cited
- United States v. Cortez, 449 U.S. 411 (U.S. 1981) (reasonable suspicion may arise from totality of circumstances)
- Alabama v. White, 496 U.S. 325 (U.S. 1990) (tip reliability matters; corroboration may bridge gaps)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (stop requires minimal objective justification)
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000) (variable of objective justification for stops)
- State v. Klein, 73 Ohio App.3d 486 (Ohio App. 1991) (review of factual findings and legal application in suppression rulings)
- State v. Guysinger, 86 Ohio App.3d 592 (Ohio App. 1993) (framework for evaluating suppression challenges)
- State v. Williams, 86 Ohio App.3d 37 (Ohio App. 1993) (application of reasonable-suspicion standard)
