State v. Miller, 2012 Ohio 6147

Miller was charged with OVI in Fairfield County Municipal Court after a November 27, 2011 stop.
Miller moved to suppress, challenging the stop as unsupported by reasonable, articulable suspicion.
Officer Thompson heard revving from Miller’s stick-shift car at a traffic signal and observed speeding estimates.
Officers stopped Miller, spoke with her, and she was arrested for OVI and suspended license.
The municipal court overruled the suppression motion, ruling the engine revving justified the stop.
On appeal, the Fifth Appellate District reversed, concluding the stop violated the Fourth Amendment and R.C. 4511.091(C)(1).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the stop supported by reasonable, articulable suspicion?	Miller	Miller	Sustain Miller's assignment; stop not supported

State v. Burnside, 100 Ohio St.3d 152 (2000) (de novo review of suppression findings following factual determinations)
State v. Dunlap, 73 Ohio St.3d 308 (1995) (trial court as fact-finder; defer to factual findings)
State v. Fanning, 1 Ohio St.3d 19 (1982) (credibility and factual resolution in suppression rulings)
State v. McNamara, 124 Ohio App.3d 706 (1997) (application of law to trial-court findings on suppression)
Ornelas v. United States, 517 U.S. 690 (1996) (de novo review of legal standards after factual findings)
United States v. Arvizu, 534 U.S. 266 (2002) (probable cause standard for stop; reasonableness in totality of circumstances)
City of Dayton v. Erickson, 76 Ohio St.3d 3 (1996) (speed perception and investigatory stops; school-zone exception context)
Whren v. United States, 517 U.S. 806 (1996) (traffic-stop pretext and reasonableness; subjective intent irrelevant)
Beck v. Ohio, 379 U.S. 89 (1964) (requirement of more than good faith for due process protections)