State v. Dean
2013 Ohio 313
Ohio Ct. App.2013Background
- Officer stopped Alan Dean March 18, 2012 for impeded traffic.
- Dean charged with DUI under R.C. 4511.19 and slow speed under R.C. 4511.22.
- Dean moved to suppress on April 24, 2012; hearing held June 13, 2012; suppression denied June 18, 2012.
- Dean pled no contest on June 29, 2012; Municipal Court found him guilty and sentenced 60 days with 54 suspended.
- Appellate court reversed the Municipal Court, granting the sole assignment of error.
- Judgment reversed; matter remanded with costs to appellee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to stop | Dean contends no reasonable suspicion. | State argues slow speed/abnormal driving supported stop. | Stop lacking reasonable suspicion; suppression granted; judgment reversed. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court 1968) (established permissible investigatory stop with articulable facts)
- Ornelas v. U.S., 517 U.S. 690 (U.S. Supreme Court 1996) (de novo review of reasonable suspicion and probable cause)
- State v. Freeman, 64 Ohio St.2d 291 (Ohio 1980) (totality of circumstances governs stop analysis)
- State v. Beghin, 2004-Ohio-2654 (Ohio App. Dist. 5th 2004) (slow speed alone not enough; must show impediment)