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State v. Cox
2011 Ohio 1316
Ohio Ct. App.
2011
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Cox
Court Name: Ohio Court of Appeals
Date Published: Mar 21, 2011
Citation: 2011 Ohio 1316
Docket Number: 10-CA-0016
Court Abbreviation: Ohio Ct. App.