State v. Carey
2018 Ohio 831
Ohio Ct. App.2018Background
- On Dec. 12, 2015, Deputy Lesnasky observed Michael Carey’s truck at a gas pump and noticed a large, long crack in the windshield from ~50–60 feet away.
- The deputy followed Carey out of the lot, observed the truck swerving and crossing the fog line and median line, ran the plate, and initiated a traffic stop.
- During the stop, Carey performed poorly on field sobriety tests, was arrested for OVI, and thereafter acted violently and abusively (assault/threats, kicked an EMT, threw shoes, spit on a deputy).
- Carey moved to suppress the traffic stop as unconstitutional, arguing the windshield crack alone did not give reasonable suspicion for the stop; the trial court denied the motion.
- Carey pled no contest to multiple charges (harassment with bodily substance, resisting arrest, two OVIs, obstructing official business); convictions affirmed by the trial court and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a crack in a windshield alone provided reasonable suspicion to stop the vehicle under R.C. 4513.02(A) | Carey: The photographed crack was not shown to be dangerous or to impair vision; therefore insufficient to justify the stop | State: Deputy observed a large, long crack (top-to-bottom, centrally located) that could compromise safety under R.C. 4513.02 and Ohio Adm.Code safety-glass rules | Court: Credible evidence supported that the crack was substantial and posed a hazard; reasonable suspicion existed to stop for an unsafe windshield |
| Whether observed lane deviations independently justified the stop | Carey: Deputy did not cite marked-lane violations and did not mention them at the stop; testimony unreliable | State: Deputy observed swerving and crossing fog and median lines; lane violations alone provide constitutionally valid grounds for a traffic stop | Court: Deputy’s testimony credited; observing crossings of lane markings gave probable cause to stop; stop valid |
Key Cases Cited
- Katz v. United States, [citation="389 U.S. 347"] (1967) (Fourth Amendment warrant/probable-cause framework)
- Terry v. Ohio, [citation="392 U.S. 1"] (1968) (investigatory stop based on reasonable suspicion)
- State v. Burnside, [citation="100 Ohio St.3d 152"] (2003) (appellate review of suppression: defer to trial court findings of fact)
- Dayton v. Erickson, [citation="76 Ohio St.3d 3"] (1996) (stop valid if officer has articulable reasonable suspicion or probable cause for any violation)
- State v. Mays, [citation="119 Ohio St.3d 406"] (2008) (drifting over lane markings justifies traffic stop)