State v. Cox
2011 Ohio 1316
Ohio Ct. App.2011Background
- The vehicle was observed with brake and back-up lights on for about ten minutes near the public square.
- Trooper Criswell then saw the vehicle stopped in the center of the roadway at a stop sign on North Jefferson Street.
- Trooper Criswell circled to position behind the vehicle and observed it move slowly through the intersection after he activated his lights.
- A video showed the vehicle remained at the stop sign with brake lights on while the trooper approached.
- Cox was charged with driving under the influence and parking on a highway; a suppression motion was filed and denied by the municipal court.
- Cox pled no contest to DUI; the parking charge was nolled; appellate review follows denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion. | Cox argues the stop lacked reasonable articulable suspicion. | Cox claims the trooper was mistaken about a R.C. 4511.66 violation. | Denied: trial court did not err; totality of circumstances supported stop. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes the Terry stop standard for reasonable suspicion)
- Ornelas v. U.S., 517 U.S. 690 (1996) (de novo review of reasonable suspicion/probable cause on appeal)
- State v. Freeman, 64 Ohio St.2d 291 (1980) (totality-of-the-circumstances standard in stops)
- State v. Bobo, 37 Ohio St.3d 177 (1988) (guidance on viewing totality through officer’s perspective)
- State v. Wilks, unavailable (unavailable) ((referenced on totality-of-circumstances reasoning))
- State v. Taylor, 106 Ohio App.3d 741 (1995) (reasonableness of suspicion in a stop evaluated under totality)
- State v. Shepherd, 122 Ohio App.3d 358 (1997) (illustrates application of totality-of-circumstances)
- State v. Mills, 62 Ohio St.3d 357 (1992) (standard for evaluating suppression rulings)
- State v. Roberts, 110 Ohio St.3d 71 (2006) (control over appellate review of trial findings)
- State v. Mays, unavailable (unavailable) (referenced regarding irrelevance of possible defenses to stop)
