State v. Kopp
2017 Ohio 4428
| Ohio Ct. App. | 2017Background
- Around 2:52 a.m. Trooper Myers stopped a maroon Ford F-150 after seeing its rear license-plate light out and running the plate, which showed the registered owner’s Ohio license expired.
- The driver, Dane V. Kopp, produced a valid Georgia license; Myers smelled fresh marijuana and an alcoholic beverage, and Kopp admitted to having smoked marijuana earlier.
- Myers observed glassy, somewhat bloodshot eyes; he had Kopp exit the vehicle, conducted a pat-down (no contraband found), and administered standardized and non-standardized field sobriety tests.
- Officer observed limited clues: two HGN clues in one eye (but testified Kopp “passed” HGN), three walk‑and‑turn clues, two one‑leg stand clues, and alleged failure of a lack‑of‑convergence test; Kopp otherwise performed coherently (recited alphabet, counted backward).
- Myers arrested Kopp for OVI and cited him for O.V.I. and a license‑plate illumination violation; Kopp moved to suppress arguing no probable cause to arrest.
- The municipal court granted the suppression motion, finding Kopp’s test performance and the DVD did not support probable cause; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trooper had probable cause to arrest for O.V.I. | Odor of marijuana, Kopp’s admission of smoking, eye and test clues established probable cause. | Test performance and video show no impairment; clues insufficient for probable cause. | Trial court correctly found no probable cause; suppression affirmed. |
| Whether officer had reasonable suspicion to conduct sobriety tests | Odor of marijuana and observations provided reasonable suspicion to investigate. | Same — Kopp argued tests were unwarranted without more. | Court agreed there was reasonable suspicion to administer tests but not enough for arrest. |
| Standard of review for suppression ruling | State urged legal error in trial court’s conclusion. | Kopp relied on trial court’s credibility findings and DVD corroboration. | Appellate court deferred to trial court’s factual findings and independently reviewed legal conclusion; affirmed. |
| Weight of field sobriety test evidence | Trooper’s training and observed clues support arrest. | Video and trial court found tests largely faultless and not indicative of impairment. | Court gave more weight to totality and video; found tests and clues insufficient. |
Key Cases Cited
- State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (probable cause to arrest for OVI judged by totality of circumstances)
- Beck v. Ohio, 379 U.S. 89 (U.S. 1964) (probable cause defined by whether facts would lead a prudent person to believe a crime was committed)
- State v. Brooks, 75 Ohio St.3d 148 (Ohio 1996) (trial court is trier of fact in suppression hearings and assesses witness credibility)
- State v. Retherford, 93 Ohio App.3d 586 (Ohio Ct. App. 1994) (appellate deference to trial court factual findings in suppression matters)