State v. Carter, 2013 Ohio 5153

Carter was stopped by Trooper Shephard for traveling 56 mph in a 35 mph zone on a snowy 2:30 a.m. frame.
Trooper administered field sobriety tests after detecting an odor of alcohol and observed red, bloodshot eyes.
Carter was charged with operating a motor vehicle while under the influence and speeding.
Carter moved to suppress the evidence as obtained from an allegedly unlawful arrest.
The suppression motion was denied; Carter pled no contest and was convicted and sentenced.
The appellate court affirmed the suppression ruling, holding the stop and ensuing testing were supported by reasonable suspicion and probable cause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the denial of the suppression motion was proper	Carter contends lack of reasonable suspicion/probable cause to stop and test	State argues totality of circumstances supported a valid stop and sobriety testing	Denial affirmed; reasonable suspicion and probable cause found

State v. Fanning, 1 Ohio St.3d 19 (Ohio 1982) (standard for manifest weight review of suppression findings)
State v. Klein, 73 Ohio App.3d 486 (4th Dist. 1991) (review of trial court’s factual findings on suppression)
State v. Guysinger, 86 Ohio App.3d 592 (4th Dist. 1993) (legal standards for suppression rulings)
Ornelas v. United States, 517 U.S. 690 (1996) (de novo review of reasonable suspicion and probable cause)
Terry v. Ohio, 392 U.S. 1 (1968) (brief investigatory stop requires specific, articulable facts)
State v. Freeman, 64 Ohio St.2d 291 (1980) (totality of circumstances standard for stops)
State v. Timson, 38 Ohio St.2d 122 (1974) (probable cause assessment from totality of circumstances)
Brinegar v. United States, 338 U.S. 160 (1949) (probability-based assessment of probable cause)
State v. Evans, 127 Ohio App.3d 56 (11th Dist. 1998) (list of factors for reasonable suspicion to administer field sobriety tests)