2019 Ohio 2293
Ohio Ct. App.2019Background
- Trooper Ryan May stopped John F. Marcum after observing the pickup drift over lane markings several times and taking a delayed stop.
- At the roadside, Marcum had glassy, bloodshot eyes, slow speech, fumbling to find registration, and difficulty keeping his hands on the wheel; no odor of alcohol or drugs was detected.
- Trooper May administered HGN, vertical gaze, walk-and-turn, and one-leg-stand tests; he observed multiple HGN and WAT/OLS clues and re-instructed Marcum during testing.
- Marcum was arrested for OVI; urine testing later showed Carboxy-THC (marijuana metabolite).
- Marcum moved to suppress evidence, challenging the traffic stop, the basis for field sobriety testing, probable cause to arrest, and urine collection; he withdrew the traffic-stop challenge at the hearing.
- The municipal court denied the motion to suppress; Marcum pled no contest to the per se OVI offense and appealed, raising (1) ineffective assistance for withdrawing the stop challenge and (2) lack of reasonable suspicion to conduct field sobriety tests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for withdrawing the challenge to the traffic stop | Counsel's tactical withdrawal was reasonable; the stop was justified. | Marcum: counsel erred by withdrawing the challenge, denying him effective assistance. | Not ineffective: officer observed lane-marking violations giving at least reasonable suspicion; no reasonable probability suppression would have succeeded. |
| Whether the officer had reasonable articulable suspicion to extend the stop for field sobriety tests | State: totality of circumstances (lane violations, slow stop, glassy/bloodshot eyes, slow speech, fumbling, inability to keep hands on wheel) justified FSTs. | Marcum: only a marked-lanes violation and no odor, no admission of drinking — insufficient to justify FSTs. | FSTs justified: court found specific, articulable facts amounting to reasonable suspicion under the totality of circumstances. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard)
- Mapp v. Ohio, 367 U.S. 643 (Fourth Amendment applied to states)
- Delaware v. Prouse, 440 U.S. 648 (vehicle stop is a seizure)
- Whren v. United States, 517 U.S. 806 (probable cause and traffic stops)
- Terry v. Ohio, 392 U.S. 1 (reasonable suspicion standard for investigative stops)
- State v. Mays, 119 Ohio St.3d 406 (lane departures can supply reasonable suspicion to stop)
- State v. Batchili, 113 Ohio St.3d 403 (totality-of-circumstances for prolonging a traffic stop)