2020 Ohio 3910
Ohio Ct. App.2020Background
- At 2:00 a.m. on March 30, 2019, Deputy Mann observed an SUV (driven by Anthony Ellis) leave its lane multiple times, stop in the roadway, and commit other lane violations; he followed both the SUV and a silver sedan into a Circle K parking lot and activated his cruiser lights to stop the SUV.
- As Deputy Mann reported the stop to dispatch, Ellis began to exit his vehicle; Mann drew his service revolver and ordered Ellis back into the SUV for officer safety, then holstered the weapon and approached the window.
- Upon contact, Mann smelled a strong odor of alcohol, observed glassy/bloodshot eyes and slurred speech, and learned from the occupant of the following sedan that she had seen Ellis at a bar drinking (estimates: three beers or more).
- Ellis was asked to perform field sobriety tests, steadied himself on the door when exiting, refused FSTs after multiple requests, and was then arrested for OVI; a stipulation showed two empty beer cans and a mason jar smelling of marijuana were found in a pre-tow inventory.
- Ellis moved to suppress, arguing the drawn firearm and ordering him back into the vehicle amounted to an unlawful arrest; the trial court denied the motion. Ellis pled no contest to OVI; the judgment entry mistakenly recorded a guilty plea.
- The appellate court sustained the first assignment (clerical error) and remanded for a nunc pro tunc entry; it rejected the suppression claim, holding the officer’s display of force was reasonable for safety and that probable cause for OVI existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgment entry misstates Ellis’s plea | State concedes the entry erroneously says "guilty" | Ellis argued the record shows he pleaded "no contest" | Court: Sustained; remand for nunc pro tunc entry correcting plea to No Contest |
| Whether drawing a service revolver and ordering Ellis back into his vehicle converted the stop into an unlawful arrest (Fourth Amendment) | Stop was supported by observed traffic violations; limited display of force was reasonable for officer safety and did not create custody; further indicia (odor, bloodshot eyes, slurred speech, corroborating passenger) supplied probable cause for OVI | Mann’s actions unlawfully seized/arrested Ellis when he drew his weapon and ordered him back into the SUV | Court: Overruled. Display of weapon was momentary and reasonable for safety; Ellis was not "in custody" during the stop; probable cause for OVI existed, so arrest lawful |
Key Cases Cited
- Mapp v. Ohio, 367 U.S. 643 (application of Fourth Amendment protections to the states)
- Delaware v. Prouse, 440 U.S. 648 (vehicle stop constitutes a seizure under the Fourth Amendment)
- Terry v. Ohio, 392 U.S. 1 (investigatory stops require reasonable articulable suspicion)
- Whren v. United States, 517 U.S. 806 (probable cause justifies traffic stops; objective basis sufficient)
- Ornelas v. United States, 517 U.S. 690 (mixed questions: defer to facts, review legal application de novo)
- Pennsylvania v. Mimms, 434 U.S. 106 (officer safety considerations during traffic stops)
- State v. Mays, 119 Ohio St.3d 406 (drifting across lane markings supplies reasonable and articulable suspicion for a stop)
- City of Cleveland v. Oles, 152 Ohio St.3d 1 (distinguishes being "not free to leave" from "in custody" for Miranda/custody analysis)