State v. Hipp
2013 Ohio 1684
Ohio Ct. App.2013Background
- Hipppar? Wait corrected: Pamela Hipp appealed after an OVI stop following a Speedway employee's observation of alcohol odor and patient stumbling at a Millersburg gas station.
- Butler reported odor of alcohol and license plate to 911; dispatcher relayed information to officers.
- Deputy Strother observed Hipp at a bank ATM and conducted a stop based on earlier information.
- Hipp was charged with operating a vehicle while intoxicated; suppression motion denied by the municipal court.
- Hipp entered a no contest plea to 4511.19(A)(1)(a); appeal contested the stop as unconstitutional under the Fourth Amendment.
- Court reverses, finding lack of reasonable suspicion and remands for suppression remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | State relies on tip reliability and attendant observations | Hipp argues tip insufficient without independent corroboration | Stop invalid; suppression granted |
Key Cases Cited
- United States v. Cortez, 449 U.S. 411 (U.S. (1981)) (reasonable suspicion framework for investigative stops)
- Alabama v. White, 496 U.S. 325 (U.S. (1990)) (reliability of tips and corroboration)
- Terry v. Ohio, 392 U.S. 1 (U.S. (1968)) (requirement of reasonable suspicion for stops)
- Illinois v. Wardlow, 528 U.S. 119 (U.S. (2000)) (minimal objective justification for stops)
- Adams v. Williams, 407 U.S. 143 (U.S. (1972)) (informant tips may justify further investigation when corroborated)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (standard for abuse of discretion in suppression rulings)