State v. Locker
2015 Ohio 4953
Ohio Ct. App.2015Background
- On Jan. 9, 2015 at ~11:35 p.m., Sgt. Goodnite observed Gary Locker make a right turn onto a one-way street and cross lanes; he stopped Locker for marked-lanes and related turning conduct.
- On contact the officer smelled alcohol, observed bloodshot/glassy eyes, and Locker said he had been at an establishment that served alcohol.
- Officer administered HGN (6/6 clues), walk‑and‑turn (multiple clues), and one‑leg‑stand (put foot down 9 times); Locker was cited for OVI and marked lanes.
- Locker moved to suppress, arguing no reasonable, articulable suspicion to order him out of the vehicle or probable cause to arrest; trial court denied the motion.
- Locker entered a no‑contest plea; he appealed the suppression ruling. The appellate court affirmed: the stop was lawful, the FSTs were permissible based on reasonable suspicion, and probable cause supported arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of marked‑lanes stop | Officer witnessed improper lane movement; stop lawful for traffic violation | Locker: turn signal was on and movement was lawful — no marked‑lanes violation | Court: video and officer testimony showed continuous lane change; stop was lawful for marked‑lanes violation |
| Reasonable suspicion to order exit/perform FSTs | Officer smelled alcohol, saw bloodshot eyes, late night, admission of leaving a bar — sufficient under totality | Locker: observations too minimal (like Keserich) — no erratic driving, bloodshot eyes have innocent explanations | Court: totality (odor, eyes, admission, time, lane violation) provided reasonable suspicion to conduct FSTs |
| Probable cause to arrest for OVI | Poor performance on HGN, walk‑and‑turn, one‑leg‑stand plus prior observations gave probable cause | Locker: same facts insufficient to establish probable cause | Court: based on trustworthy facts and FST results, a prudent person would believe Locker was driving under the influence; probable cause existed |
Key Cases Cited
- Ornelas v. United States, 517 U.S. 690 (reasonable suspicion and probable cause reviewed de novo)
- Terry v. Ohio, 392 U.S. 1 (stops and seizures under Fourth Amendment)
- Dayton v. Erickson, 76 Ohio St.3d 3 (officer may stop motorist for observed traffic violation)
- State v. Jenks, 61 Ohio St.3d 259 (appellate review limits on weighing evidence)