2014 Ohio 3437
Ohio Ct. App.2014Background
- On April 20, 2013 an Erie County deputy observed Donald Knicely squeal his truck’s tires when pulling onto a road; the deputy turned around intending to cite him for an improper start.
- The deputy then saw Knicely brake and turn abruptly into a driveway leading to a farmhouse the deputy believed to be vacant, and followed without activating emergency lights.
- By the time the deputy reached the rear of the property, Knicely had exited his vehicle and was walking toward the farmhouse; the deputy questioned him about why he was on the property and whether he knew anyone there.
- The deputy observed signs of impairment (unsteady gait, slow/heavy speech, red/bloodshot eyes) and arrested Knicely for OVI, driving with a suspended license, and improper start.
- Knicely moved to suppress, arguing the officer lacked reasonable and articulable suspicion to stop him; the trial court denied the motion and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officer’s contact with Knicely was an unlawful stop | Knicely: officer lacked reasonable, articulable suspicion to detain him | State: encounter was consensual or, if a stop, supported by reasonable suspicion given traffic violation, evasive entry onto vacant property, and signs of impairment | The court held the encounter was consensual; even if it were a stop, totality of circumstances gave reasonable suspicion, so suppression not required |
Key Cases Cited
- Delaware v. Prouse, 440 U.S. 648 (1979) (officer must have probable cause or reasonable suspicion to stop a vehicle)
- Terry v. Ohio, 392 U.S. 1 (1968) (investigatory stop must be supported by specific, articulable facts)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (evasive behavior can supply reasonable suspicion)
- Florida v. Bostick, 501 U.S. 429 (1991) (consensual encounters distinguished from seizures; display of authority negates consent)
- Florida v. Royer, 460 U.S. 491 (1983) (categorization of police-citizen interactions)
- United States v. Mendenhall, 446 U.S. 544 (1980) (test for whether a person feels free to leave)
- State v. Emerson, 134 Ohio St.3d 191 (2012) (Ohio precedent on searches and seizures)
- State v. Gardner, 135 Ohio St.3d 99 (2012) (totality of circumstances test in evaluating stops)
- Florida v. Rodriguez, 469 U.S. 1 (1984) (consensual encounter examples)