State v. Kirkpatrick
97 N.E.3d 871
Ohio Ct. App.2017Background
- At ~2:00 a.m., officer observed Kirkpatrick driving well above the speed limit, stopping at a red light, then making a left turn after the light turned green into the far (outside) right lane rather than the lane nearest the center line.
- Officer initiated a traffic stop for an alleged improper left turn (R.C. 4511.36), conducted field sobriety tests, and arrested Kirkpatrick for OVI; breath test followed.
- Kirkpatrick was charged with two OVI counts under R.C. 4511.19(A)(1)(a) and (d) and with making an improper turn under R.C. 4511.36.
- She moved to suppress, arguing the stop lacked reasonable suspicion because R.C. 4511.36(A)(2) is ambiguous (relying on this court’s prior Stadelmann decision); trial court denied suppression and she pleaded no contest.
- Trial court found her guilty of all counts, merged the two OVI counts for sentencing, and sentenced her; she appealed the suppression ruling and the improper-turn conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the traffic stop lawful where the officer stopped Kirkpatrick for an alleged violation of R.C. 4511.36? | The stop was lawful because the officer reasonably believed a traffic violation occurred; reasonable mistakes of law can justify stops. | R.C. 4511.36(A)(2) is ambiguous (per Stadelmann), so the officer could not reasonably rely on it to justify the stop. | The stop was lawful: even though this court finds the statute unambiguous, prior Stadelmann precedent made the officer’s interpretation objectively reasonable (reasonable mistake of law). |
| Did Kirkpatrick commit an improper left turn under R.C. 4511.36(A)(2)? | The city maintained the left turn into the far lane violated the statute. | Kirkpatrick argued the statute does not prohibit turning into the outside/right lane; ambiguous statutes should be construed for the defendant. | Reversed: the court holds the statute does not prohibit the conduct; conviction for improper turn was plain error and is vacated. |
Key Cases Cited
- Heien v. North Carolina, 574 U.S. 54 (2014) (an officer’s reasonable mistake of law can supply reasonable suspicion for a stop)
- State v. Mays, 119 Ohio St.3d 406 (2008) (Fourth Amendment reasonableness and traffic-stop reasonable suspicion standard)
- State v. Burnside, 100 Ohio St.3d 152 (2003) (standards for reviewing motions to suppress: factual findings accepted if supported; legal conclusions reviewed de novo)
- Delaware v. Prouse, 440 U.S. 648 (1979) (Fourth Amendment balancing test for police stops)
- State v. Stevens, 139 Ohio St.3d 247 (2014) (statutes defining offenses are construed against the state under Ohio law)