State v. Ciminello
2018 Ohio 467
Ohio Ct. App.2018Background
- At 2:09 a.m. on April 2, 2017, Trooper Green stopped Paige Ciminello for speeding (radar readings 36, 35, 33 mph in a 25 mph zone) as the vehicle entered a Taco Bell parking lot.
- On initial contact the trooper detected a strong odor of alcohol from the vehicle and observed Ciminello had red, bloodshot, glassy eyes.
- Ciminello said she had been at O’Bryan’s (a local pub); she initially denied drinking but later admitted to having one beer before field sobriety testing.
- The trooper asked Ciminello to exit the vehicle, detected a moderate odor of alcohol on her breath, and administered field sobriety tests (HGN 6/6 clues; walk-and-turn 3/4 clues).
- Ciminello was arrested, submitted to a breath test (.124 BAC), and moved to suppress evidence arguing the officer lacked reasonable, articulable suspicion to expand the stop to conduct sobriety tests.
- The trial court denied suppression; the appellate court reviewed whether the totality of circumstances provided reasonable suspicion to justify administering field sobriety tests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable, articulable suspicion to expand the traffic stop to require field sobriety tests | The State: trooper had specific, articulable facts (speeding at 2:09 a.m., odor of alcohol from car and from driver, bloodshot/glassy eyes, admission of coming from a bar and later admitting one beer) supporting reasonable suspicion of DUI | Ciminello: trooper lacked reasonable suspicion; her later admission came only after testing began and indicia (minor violation, red eyes, slight odor, admission) were insufficient | Affirmed: totality of circumstances (speeding, time, odor from car and breath, bloodshot/glassy eyes, admission of drinking) provided reasonable suspicion to extend the stop and conduct field sobriety tests |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (Fourth Amendment limits on investigative stops)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (review of reasonable suspicion/probable cause de novo)
- State v. Fanning, 1 Ohio St.3d 19 (Ohio 1982) (standards for reviewing suppression findings)
- State v. Mills, 62 Ohio St.3d 357 (Ohio 1992) (trial court role as factfinder and credibility determinations)
- State v. Freeman, 64 Ohio St.2d 291 (Ohio 1980) (totality-of-circumstances approach to reasonableness of police conduct)