State v. George
2013 Ohio 2511
Ohio Ct. App.2013Background
- George was convicted of OVI in Chillicothe Municipal Court; suppression motion challenging the stop was denied; he appealed.
- The stop was based on information from identified citizen informants Gardner and Alcorn relayed via 911 dispatch.
- Officer Howell received the dispatch and located a vehicle matching the description; a stop followed, and George was questioned and charged.
- Gardner provided a detailed eyewitness account with license plate and distinctive headlights; Alcorn’s safety concerns supported police action.
- The trial court held the informant-based stop constitutional; the appellate court affirms, concluding the totality of the circumstances established reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion based on the informant tip? | George contends tip lacked reliability. | George argues insufficient corroboration for stop. | Yes; tip provided reasonable suspicion. |
Key Cases Cited
- Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (informant reliability factors; totality of circumstances)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (reliance on informant tip via totality-of-circumstances)
- United States v. Arvizu, 534 U.S. 266 (U.S. 2002) (totality of the circumstances standard)
- United States v. Wardlow, 528 U.S. 119 (U.S. 2000) (reasonable suspicion, commonsense judgments)
- State v. Abernathy, 2008-Ohio-2949 (Ohio 2008) (informant tip may establish reasonable suspicion)
- State v. Cook, 65 Ohio St.3d 516 (Ohio 1991) (law enforcement reliance on others with information)