2016 Ohio 1510
Ohio Ct. App.2016Background
- 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)