State v. Keserich
2014 Ohio 5120
Ohio Ct. App.2014Background
- Officer stopped Keserich at ~2:00 a.m. for a faulty license plate light.
- Keserich admitted drinking two drinks and had bloodshot, watery eyes.
- An odor of alcohol was detected on Keserich after he stepped out; car contained four to five smoking passengers.
- Stop was based on equipment violation (not observed driving violation).
- Suppression motion challenged stop, sobriety tests, and Miranda rights; court suppressed HGN, statements post-arrest; OVI charge was dismissed and Keserich was convicted on remaining charges, later reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to justify field sobriety tests | Keserich; lack of articulable facts | State; totality of circumstances supported testing | Suppression reversed; reasonable suspicion found insufficient |
Key Cases Cited
- State v. Evans, 127 Ohio App.3d 56 (11th Dist.1998) (factors in totality-of-circumstances review for reasonable suspicion)
- Ornelas v. U.S., 517 U.S. 690 (1996) (review of reasonable suspicion and probable cause de novo on appeal)
- State v. Bright, 2010-Ohio-1111 (5th Dist. Guernsey) (field sobriety tests as a seizure requiring suspicion of intoxication)
- State v. Lucking, 2004-Ohio-90 (12th Dist.) (glassy, bloodshot eyes as indicia of intoxication under totality of circumstances)
- State v. Evans, (see above) () ((duplicate entry kept for clarity))