State v. Goss
2017 Ohio 161
Ohio Ct. App.2017Background
- On March 26, 2016, Officer Cody Hying stopped Garrett S. Goss after observing Goss stop with the front of his pickup truck extending beyond a marked stop line/bar at an intersection.
- Officer observed indicia leading to OVI investigation; Goss was charged with OVI and a stop-sign/stop-line ordinance violation (A.C.O. § 331.19(a)), plus separate drug-related charges.
- Goss filed motions to suppress evidence obtained from the traffic stop; the trial court denied suppression after a joint hearing.
- Goss entered no-contest pleas to the OVI and stop-line violations and appealed only the denial of the suppression motion.
- The appellate majority held the stop was supported by reasonable, articulable suspicion under local ordinance language mirroring R.C. 4511.43(A); the conviction was affirmed.
- Judge Delaney dissented, arguing ‘‘at’’ in the stop-line statute is ambiguous and favoring a view that a driver need not stop entirely before the stop line; she would have reversed suppression denial on these facts.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Goss) | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable and articulable suspicion that Goss violated the stop-line ordinance (A.C.O. § 331.19(a)) | Officer observed Goss stop with vehicle straddling the stop line/bar (front beyond line, rear behind), creating reasonable suspicion to stop for ordinance violation | The ordinance is ambiguous; ‘‘at a stop line’’ does not require stopping wholly before the line, and here Goss had effectively stopped lawfully | Majority: Stop was supported by reasonable, articulable suspicion; suppression denial affirmed. Dissent: would find no reasonable suspicion and would reverse in part. |
Key Cases Cited
- Ornelas v. United States, 517 U.S. 690 (criminal stop reasonable-suspicion/probable-cause determinations reviewed de novo)
- State v. Fanning, 1 Ohio St.3d 19 (appellate standards for reviewing suppression rulings)
- State v. Mays, 119 Ohio St.3d 406 (reasonable, articulable suspicion for traffic stops)
- State v. Williams, 86 Ohio App.3d 37 (standards for suppression review)
- State v. Claytor, 85 Ohio App.3d 623 (suppression motion review principles)