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2016 Ohio 1510
Ohio Ct. App.
2016
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Background

  • Officer McCord observed a 2000 Chevrolet make a left onto Mechanic Avenue, accelerate, cross railroad tracks, and approach the intersection of Mechanic and Ely.
  • The Chevrolet came to a complete stop before the painted stop line (officer estimated ~5 feet short), then proceeded through the intersection; McCord stopped the vehicle for a stop-sign violation and suspected speeding.
  • Defendant Mark Hill was arrested for OVI (breath and urine testing alleged) and cited for a stop-sign violation, seat-belt violation, and possession of marijuana; he pled not guilty and moved to suppress the stop.
  • At the suppression hearing the trial court limited the issue to whether the officer had reasonable, articulable suspicion to effectuate the stop; the court found the officer reasonably believed Hill violated the stop-sign ordinance but ultimately concluded Hill had not violated the ordinance as written.
  • The trial court denied the suppression motion, concluding the officer made a reasonable mistake of law; Hill pled no contest to OVI, the stop-sign violation, and marijuana possession, appealed, and challenged only denial of the suppression motion.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the traffic stop was lawful because the officer reasonably (but mistakenly) interpreted the stop-sign ordinance State: Officer had reasonable suspicion based on observed stop position, speed and safety concerns Hill: Ordinance language is unambiguous; stopping short of the line is not a violation, so no reasonable basis for the stop Court: Denial of suppression affirmed — officer’s mistaken interpretation of the ordinance was objectively reasonable under the totality of circumstances

Key Cases Cited

  • Ornelas v. United States, 517 U.S. 690 (reasonable suspicion/probable cause reviewed de novo)
  • Heien v. North Carolina, 135 S. Ct. 530 (an officer’s reasonable mistake of law can furnish reasonable suspicion for a stop)
  • Dayton v. Erickson, 76 Ohio St.3d 3 (observed traffic violation validates a stop)
  • State v. Fanning, 1 Ohio St.3d 19 (appellate standards for reviewing suppression rulings)
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Case Details

Case Name: State v. Hill
Court Name: Ohio Court of Appeals
Date Published: Apr 11, 2016
Citations: 2016 Ohio 1510; 2015 CA 00078 & 2015 CA 00079
Docket Number: 2015 CA 00078 & 2015 CA 00079
Court Abbreviation: Ohio Ct. App.
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