State v. Faber
2015 Ohio 3720
Ohio Ct. App.2015Background
- On June 14, 2014 deputies encountered Eric Faber driving a blue station wagon in Pleasant Township, Seneca County; Deputy Gibson recognized Faber and suspected an active warrant.
- Gibson followed Faber into a dead-end lane; Faber parked at a residence, jumped out, and ran northeast behind the house while Gibson awaited backup.
- Backup (Nowak and Demonte) arrived; officers searched a nearby barn in Sandusky County where Demonte found Faber in a hay loft; Faber complied when ordered out.
- After Mirandizing and searching Faber, officers found 1.15 grams of marijuana in his pocket; Faber told officers, “you guys are good, you got me.”
- Faber was charged in Tiffin-Fostoria Municipal Court with obstructing official business (R.C. 2921.31(A)) and possession of marijuana; a jury convicted him of obstruction and the court found him guilty of possession.
- Faber appealed, arguing (1) the obstruction conviction was against the manifest weight of the evidence and (2) the municipal court lacked subject-matter jurisdiction; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Faber) | Held |
|---|---|---|---|
| Whether municipal court had jurisdiction | Charges alleged conduct began in Pleasant Township, Seneca County, within court territory | Court lacked jurisdiction because conduct concluded in Sandusky County | Court: jurisdiction proper because alleged criminal conduct started in Seneca County (affirmed) |
| Whether fleeing constituted obstructing official business under R.C. 2921.31 | Faber’s act of exiting vehicle and fleeing hindered police, used extra resources, and showed intent to obstruct | Faber argued no audible/visible command was given; therefore no purposeful act to impede officers | Court: No statutory requirement of a command; running away is an affirmative act that can show intent and impede investigation (conviction not against manifest weight) |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review: appellate court sits as thirteenth juror)
- State v. Martin, 20 Ohio App.3d 172 (1st Dist. 1983) (manifest-weight test and reversal only in exceptional cases)
- Cheap Escape Co., Inc. v. Haddox, L.L.C., 120 Ohio St.3d 493 (Ohio 2008) (municipal-court subject-matter jurisdiction is statutorily defined)
- City of Hamilton v. Hamm, 33 Ohio App.3d 175 (12th Dist. 1986) (mere inaction or silence generally not an act for obstruction)
- City of Columbus v. Michel, 55 Ohio App.2d 46 (10th Dist. 1977) (refusal to act can fail to constitute an affirmative act under obstruction statute)
- State v. Davis, 140 Ohio App.3d 751 (1st Dist. 2000) (continuing to walk away from officers who seek to detain may support obstruction conviction)