State v. Clapper
2012 Ohio 1382
Ohio Ct. App.2012Background
- Clapper parked a running car at an Interstate 71 rest stop at 12:10 a.m. with herself in the driver’s seat.
- Trooper Sankoe observed the vehicle with a person in the driver’s seat and saw brake lights flash multiple times.
- Trooper approached with overhead lights, asked for license, registration, and proof of insurance.
- Based on observations and discussion, the trooper believed Clapper was under the influence and conducted a Horizontal Gaze Nystagmus test showing six clues.
- Clapper was arrested for OVI under R.C. 4511.19(A) and moved to suppress the evidence.
- The Medina Municipal Court denied suppression, Clapper pleaded no contest, and she appealed arguing lack of reasonable suspicion for the stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was justified as a community caretaking function | Clapper argues no reasonable suspicion and no valid caretaking basis | State argues the stop was a legitimate community caretaking encounter | Suppression sustained; stop not justified as caretaking; precludes admissibility of evidence |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (establishes mixed review for suppression; caretaking limits)
- Terry v. Ohio, 392 U.S. 1 (1968) (requires reasonable suspicion for seizures)
- Mapp v. Ohio, 367 U.S. 643 (1961) (exclusion of evidence obtained unlawfully)
- Lauro, Stow v. Lauro (9th Dist.) (1994) (consensual encounter; not a seizure unless coercive)
- Chapa, 2004-Ohio-5070 (10th Dist.) (recognizes community caretaking to aid motorists in distress)
- Dunn, Slip Opinion No. 2012-Ohio-1008 (2012) (recognizes caretaking/emergency-aid exception with articulable safety facts)