State v. Hill
2014 Ohio 1447
Ohio Ct. App.2014Background
- Hill, involved in a head-on collision near Clyo and Spring Valley Roads, Washington Township, Ohio, on June 3, 2011, with two elderly female occupants in the other vehicle.
- Hill was trapped in his vehicle for about forty minutes and then transported to Miami Valley Hospital by CareFlight after rescue.
- An inventory search of Hill's vehicle at the scene revealed marijuana, a glass pipe, and syringes.
- Hill consented orally and in writing to blood testing for alcohol/drug purposes while being treated; results showed legally prohibited narcotics including THC, morphine, and benzodiazepines.
- Hill was indicted on Feb. 27, 2012 for multiple offenses including two counts of aggravated vehicular homicide, one count of aggravated vehicular assault, one count of vehicular assault, and one count of OVI; he pled not guilty at arraignment.
- Hill moved to suppress the blood test evidence, arguing lack of valid informed consent due to trauma and medication; suppression hearing held Aug. 10, 2012; trial court overruled Feb. 1, 2013; Hill pled no contest and was sentenced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the blood draw was validly consented to. | State contends Hill willingly, knowingly consented without coercion. | Hill argues consent was invalid due to trauma and medication, lacking voluntariness. | Overruled; consent valid and blood results admissible. |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (1967) (privacy and reasonableness in searches; voluntary consent standard noted)
- Schmerber v. California, 384 U.S. 757 (1966) (bodily intrusions by state action; blood draws permissible under certain consent/findings)
- Terry v. Ohio, 392 U.S. 1 (1968) (frames the constitutional boundary for searches/seizures in police encounters)
- Fairfield v. Regner, 23 Ohio App.3d 79 (1985) (consent may be oral or written; written consent is strong evidence)
- State v. Hopfer, 112 Ohio App.3d 521 (1996) (appellate review of suppression findings; credibility and facts deference)
- State v. Venham, 96 Ohio App.3d 649 (1994) (evaluation of consent and voluntariness in searches)
- State v. Retherford, 93 Ohio App.3d 586 (1994) (procedural framework for suppression appeals and factual credibility ruling)
- State v. McLemore, 2012-Ohio-521 (2012) (Ohio appellate consideration of blood-draw consent and related issues)