State v. Nastick, 94 N.E.3d 139

Sgt. DeWitt stopped Adam Nastick after observing him speeding (83 mph in a 55 mph zone) on March 1, 2015; dispatcher indicated Nastick had an active concealed-carry permit.
DeWitt detected odor of alcohol, observed red/glassy eyes, slow speech, and difficulties handling documents; Nastick admitted to drinking.
DeWitt administered standardized field sobriety tests (HGN: 6/6 clues; walk-and-turn: 4/8 clues; one-leg stand: 1/4 clues) and arrested Nastick for OVI.
An inventory search of the vehicle (before towing) uncovered a firearm in the center console; Nastick was indicted for improper handling of firearms, carrying concealed weapons, and OVI.
The cruiser dash-cam recording of the stop and tests was unavailable/corrupted in the state database; the State could not produce it despite defense requests.
Nastick moved to dismiss for loss of materially exculpatory evidence and to suppress; the trial court denied relief. Nastick pleaded no contest to carrying concealed weapons and OVI; he appealed.

Issue	State's Argument	Nastick's Argument	Held
Whether loss of dash-cam footage required dismissal for destruction of materially exculpatory evidence	The missing video was not materially exculpatory and, at most, potentially useful; State met burden to show it would not change outcome	The dash-cam was requested and lost; it was direct evidence that could be materially exculpatory and the State failed to preserve it	Court held the State met its burden that the video was not materially exculpatory and Nastick failed to show State bad faith; no dismissal
Whether trooper had probable cause for warrantless arrest for OVI	Totality of circumstances (speeding, odor, admission, appearance, poor FST performance) provided probable cause	Trooper lacked specific recollection of some indicators, didn’t observe erratic driving or improper pull-over, and testimony lacked specificity	Court held probable cause existed based on totality of facts and credible testimony; suppression properly denied

California v. Trombetta, 467 U.S. 479 (U.S. 1984) (destruction of materially exculpatory evidence violates due process)
Arizona v. Youngblood, 488 U.S. 51 (U.S. 1988) (loss of potentially useful evidence requires bad faith to violate due process)
State v. Powell, 132 Ohio St.3d 233 (Ohio 2012) (tests for materially exculpatory vs. potentially useful evidence)
State v. Geeslin, 116 Ohio St.3d 252 (Ohio 2007) (standards for missing evidence and due process)
State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (probable cause for OVI: totality of circumstances standard)