State v. Mossman
2014 Ohio 2620
Ohio Ct. App.2014Background
- At ~2:15 a.m., Trooper Bradley observed Mossman driving 59 mph in a 35 mph zone and stopped her.
- On approaching, the trooper smelled a strong odor of alcohol, saw a male passenger, and asked Mossman about drinking; she said she drank about 30 minutes earlier.
- The trooper asked Mossman to exit the vehicle and administered standardized field sobriety tests (HGN, one-leg stand, walk-and-turn, and reciting the alphabet). No portable breath test was given before the FSTs.
- Based on her performance on the field tests the trooper concluded he had probable cause to arrest for OVI and recorded the encounter with a dashcam.
- The municipal court suppressed evidence obtained after the stop, reasoning the trooper lacked probable cause to detain and arrest; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable, articulable suspicion to detain Mossman for field sobriety testing after a lawful traffic stop | Officer had reasonable suspicion based on speeding, time (early morning), odor of alcohol, and admission of drinking | Detention required probable cause; the trooper had no objective indicia of impairment (no slurred speech, erratic behavior, or impaired driving) | Reversed trial court: totality of circumstances (speeding, time, alcohol odor, admission) gave reasonable suspicion to detain for FSTs |
| Whether trooper had probable cause to arrest after FSTs (and thus whether further evidence is admissible) | State argues FST results supported probable cause to arrest (issue not decided below) | Defense argued no probable cause existed and suppression was proper | Remanded to trial court to determine in the first instance whether probable cause to arrest existed after the FSTs |
Key Cases Cited
- United States v. Cortez, 449 U.S. 411 (U.S. 1981) (totality-of-the-circumstances test for reasonable suspicion)
- State v. Robinette, 80 Ohio St.3d 234 (Ohio 1997) (investigative stop constitutes a seizure for Fourth Amendment purposes)
- State v. Bobo, 37 Ohio St.3d 177 (Ohio 1988) (reasonable-suspicion inquiry under totality of circumstances)
- Columbus v. Anderson, 74 Ohio App.3d 768 (10th Dist. 1991) (speeding plus odor of alcohol and time of day can supply reasonable suspicion for FSTs)