State v. Farley
2018 Ohio 1466
Ohio Ct. App.2018Background
- At 12:20 a.m., Trooper Haymaker stopped Scott Farley for speeding (radar clocked 49 mph in a 40 mph zone) after observing slight vehicle movement; Farley never left his lane.
- On contact Haymaker detected odor of alcohol, glassy/bloodshot eyes, flushed face, slow speech and movements; Farley first denied drinking, then admitted one drink (later said two beers and marijuana use while en route).
- Haymaker performed HGN while Farley was in the car (noted nystagmus), then conducted full HGN (6/6 clues) plus walk-and-turn (2/8) and one-leg-stand (1/5) after moving Farley to the cruiser.
- Farley’s breath test was .073 (below per se alcohol limit); urine later tested positive for marijuana and cocaine metabolites above statutory per se limits.
- Farley moved to suppress, arguing no reasonable, articulable suspicion justified removal from the vehicle for sobriety testing and no probable cause supported the OVI arrest; the trial court denied suppression and Farley entered no contest and was convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable, articulable suspicion to extend the stop and require field sobriety tests | Haymaker relied on odor of alcohol, glassy eyes, flushed face, slow speech/movements, conflicting admissions, and speeding — totality justified further testing | Farley argued these signs (without stronger indicia or clear odor intensity) were insufficient to justify exit and testing | Court held reasonable suspicion existed under totality of circumstances and denied suppression of field tests |
| Whether officer had probable cause to arrest for OVI | State argued HGN 6/6, odor/admissions, physical signs and test results (urine later) provided probable cause | Farley pointed to good performance on walk-and-turn and one-leg-stand and lack of erratic driving as undermining probable cause | Court found totality (HGN, odor, admissions, physical signs) supported probable cause to arrest |
Key Cases Cited
- State v. Leak, 47 N.E.3d 821 (Ohio 2016) (appellate review of suppression: mixed question of law and fact; trial court factual findings reviewed for clear error)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (reasonable suspicion and probable cause determinations reviewed de novo)
- State v. Homan, 732 N.E.2d 952 (Ohio 2000) (totality of circumstances can support probable cause for OVI even without field tests)
- State v. Bresson, 554 N.E.2d 1330 (Ohio 1990) (HGN is reliable indicator of impairment)
- State v. Burnside, 797 N.E.2d 71 (Ohio 2003) (standard for appellate review of suppression rulings)
- State v. Ciminello, 2018-Ohio-467 (Ohio App.) (similar factual scenario — moderate alcohol odor, admission of one drink, speeding — supported suspicion to conduct field sobriety tests)