2023 Ohio 662
Ohio Ct. App.2023Background
- On Aug. 3, 2021 at ~10:00 p.m., an identified motorist called to report a westbound vehicle unable to maintain its lane; Trooper Rebecca Tent, driving eastbound, observed the vehicle veer left of center into her lane and later followed it westbound.
- Tent activated lights then siren; driver Alisha Martorana stopped after the siren. Tent observed Martorana’s eyes were red, bloodshot, and glassy; Martorana said she was tired and volunteered "I don't blame you for stopping me."
- During the stop Martorana fumbled while looking for her license, produced an insurance image from her phone (not registration), and told Tent she had a hip replacement and took medications including suboxone.
- Tent administered HGN/VGN and observed four clues; Martorana could not complete walk-and-turn/one-leg-stand (citing balance/hip issues and saying she "couldn't even do this sober"). Tent arrested her for OVI.
- Martorana moved to suppress; the trial court denied the motion. She pleaded no contest, was convicted of OVI and driving left of center, and appealed. The Sixth District affirmed, holding the stop and subsequent detention for field sobriety tests were supported by reasonable suspicion.
Issues
| Issue | State's Argument | Martorana's Argument | Held |
|---|---|---|---|
| Legality of initial traffic stop | Tent had reasonable suspicion based on citizen tip and her own observation that Martorana veered left of center and was weaving | Dash cam did not clearly show crossing; "bouncing" within lane and possible lawful passing zone do not justify stop | Stop was justified: observing a vehicle go left of center gave reasonable, articulable suspicion of R.C. 4511.25 violation |
| Continued detention to conduct field sobriety tests | Totality (nighttime tip, left-of-center, weaving, following too closely, red/glassy eyes, fumbling, comment "I don't blame you") gave reasonable suspicion of impairment | No admission of drinking, red eyes consistent with fatigue, no odor, video didn't clearly show erratic driving, and mobility/hip issues explained test failures | Detention to administer field sobriety tests was supported by reasonable suspicion under the totality of the circumstances |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152, 797 N.E.2d 71 (standard of review for suppression: trial court factual findings deferential; legal conclusions reviewed de novo)
- Heien v. North Carolina, 574 U.S. 54 (reasonable suspicion is required for a traffic stop; stop valid if officer has particularized, objective basis)
- Prado Navarette v. California, 572 U.S. 393 (citizen tip can supply reasonable suspicion under the totality of circumstances)
- State v. Mays, 119 Ohio St.3d 406, 894 N.E.2d 1204 (officer need not resolve possible legal defenses when determining whether reasonable suspicion exists)
- State v. Orr, 91 Ohio St.3d 389, 745 N.E.2d 1036 (Fourth Amendment/Ohio Constitution protection against unreasonable searches and seizures)
- State v. Evans, 127 Ohio App.3d 56, 711 N.E.2d 761 (field sobriety tests implicate liberty interests and must be separately justified by articulable facts)