State v. Kordich
2017 Ohio 234
| Ohio Ct. App. | 2017Background
- Late evening: Officer Kinney observed a vehicle pass his parked cruiser and noticed a constant white light from the vehicle's rear while it was in forward motion.\
- Kinney followed the vehicle briefly; the driver (Kordich) turned into and parked at a closed convenience store. Kinney then activated his overhead lights and stopped the vehicle.\
- On approaching, Kinney detected odor of alcohol, observed red/glassy eyes and slurred speech, and performed field sobriety tests; Kordich exhibited 6/6 clues on the horizontal gaze nystagmus (HGN) test.\
- Kordich was arrested for OVI, and also charged with a defective back-up light and possession of an open container; he moved to suppress evidence from the stop/arrest.\
- Trial court denied suppression; Kordich pleaded no contest to one OVI count, other charges were dismissed, and he was sentenced. He appealed the denial of the suppression motion.\
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to stop the vehicle | Officer: observed constant white rear light from vehicle while moving, supporting a stop to investigate a suspected violation of R.C. 4513.13(A) | Kordich: having one working taillight is sufficient under R.C. 4513.05; a broken light that is not shown to be hazardous does not create reasonable suspicion; pulling into a closed parking lot is not suspicious | Court: Stop was reasonable — constant white light from rear while vehicle in forward motion gave reasonable suspicion to investigate potential continuously-lit backup light in violation of R.C. 4513.13(A) |
| Whether officer had probable cause to arrest for OVI | Officer: odor of alcohol, red/glassy eyes, slurred speech, evasive answers, admission of one beer, and 6/6 HGN clues supported probable cause to arrest | Kordich: no erratic driving observed; video does not clearly show slurred speech; performed well on other field tests, so probable cause lacking | Court: Probable cause existed — totality of circumstances including HGN results and other observations supported a reasonable belief Kordich was driving under the influence |
Key Cases Cited
- Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (reasonable-suspicion standard for investigative stops; must be specific and articulable facts)\
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (officer may conduct brief investigative stop based on specific and articulable facts)\
- State v. Bobo, 37 Ohio St.3d 177 (Ohio 1988) (totality-of-circumstances and officer’s perspective guide stop analysis)\
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard of review for suppression motions: trial court findings of fact entitled to deference; appellate court reviews legal conclusions de novo)\
- State v. Mills, 62 Ohio St.3d 357 (Ohio 1992) (trial court as trier of fact in suppression hearings; credibility determinations)\
- State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (probable-cause standard for OVI arrests; totality-of-circumstances approach)