State v. Napier
2012 Ohio 394
Ohio Ct. App.2012Background
- Napier was cited for a stop sign violation and two counts of DUI on November 6, 2010.
- Napier moved to suppress the stop and subsequent arrest, alleging lack of reasonable suspicion and probable cause.
- Sgt. Hamilton observed Napier roll through a stop sign, stop in the intersection, back up, turn, leave the roadway, and almost hit mailboxes, before stopping Napier.
- The officer testified Napier had a strong odor of alcohol, glassy eyes, and slurred speech; Napier admitted some alcohol consumption.
- Three field sobriety tests were given; the HGN test was deemed not reliable for purposes of probable cause.
- The trial court credited the officer’s account and found probable cause for arrest based on the totality of circumstances, despite some report inconsistencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion and the arrest by probable cause | Napier contends no reasonable suspicion existed for the stop or probable cause for arrest. | State argues the stop was justified as an investigative stop and there was probable cause for arrest based on total circumstances. | Stop supported; probable cause for arrest established; suppression denied. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (temporary detention requires reasonableness; traffic stops are seizures)
- Delaware v. Prouse, 440 U.S. 648 (1979) (purpose of Fourth Amendment is reasonableness in policing)
- State v. Williams, 51 Ohio St.3d 58 (1990) (Terry stops require specific and articulable facts; traffic violation suffices)
- In re V.S., 2005-Ohio-6324 (Ohio 2005) (totality of circumstances can support reasonable suspicion/probable cause)
- State v. Kurjian, 2006-Ohio-6669 (Ohio 2006) (probable cause can be shown by totality of facts, including sobriety indicators)
- State v. Sunday, 2006-Ohio-2984 (Ohio 2006) (totality of circumstances may support probable cause even without standardized test results)
- McGinty, 2009-Ohio-994 (Ohio 2009) (field sobriety results may contribute to probable cause under totality of circumstances)