State v. Kilbarger
2012 Ohio 1521
Ohio Ct. App.2012Background
- Kilbarger was stopped by a Logan patrolman after LEADS indicated his license was suspended.
- The officer detected the odor of alcohol, glassy eyes, and slurred speech, and Kilbarger performed field sobriety tests.
- Kilbarger was arrested for OVI; blood test later showed BAC 0.155.
- Kilbarger moved to dismiss/suppress evidence arguing the stop/arrest violated the Fourth Amendment.
- The trial court dismissed there was no probable cause to detain/arrest; the State appealed.
- The Fourth District held the proper remedy is suppression of evidence, not dismissal, and remanded for suppression analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was dismissal improper for lack of probable cause to arrest? | Kilbarger | Kilbarger | Trial court erred; remedy is suppression, not dismissal. |
| Was the initial stop supported by reasonable suspicion rather than probable cause to arrest? | State | Kilbarger | Stop could be valid on reasonable articulable suspicion; probable cause not required to initiate stop. |
| Did the court apply the correct standard for evaluating detention and arrest during the stop? | State | Kilbarger | Court applied incorrect standard; arrest/detention analysis must begin with reasonable suspicion, not probative arrest-determinative standard. |
| May suppression be ordered as the sole remedy for Fourth Amendment violation? | State | Kilbarger | Yes; but here the proper disposition is remand for suppression analysis rather than dismissal. |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (1967) (searches or seizures without probable cause are per se unreasonable)
- Maumee v. Weisner, not provided (not provided) (burden shifts to State after a warrantless search/seizure)
- State v. Orr, 91 Ohio St.3d 389 (2001) (interprets state and federal protections as equivalent)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause standards for searches and seizures)
- Whren v. United States, 517 U.S. 806 (1996) (probable cause not required for traffic stops if reasonable suspicion exists)
- Florida v. Royer, 460 U.S. 491 (1983) (scope of traffic stop and detentions must be tailored to justification)
- State v. Homan, 89 Ohio St.3d 421 (2000) (totality of circumstances in evaluating probable cause for OVI)
- State v. Mays, 119 Ohio St.3d 406 (2008) (investigatory stops may proceed with reasonable suspicion shorter than probable cause)