State v. Nelson
2017 Ohio 2884
Ohio Ct. App.2017Background
- On March 19, 2016 Officer Burian stopped Taniece Nelson after observing her vehicle drift across lane markings twice and nearly strike a curb. Nelson pulled over without incident.
- Burian learned Nelson had no valid driving privileges from a records check. At the car he detected a moderate odor of alcohol, observed bloodshot/watery eyes, and Nelson said she had been drinking “last night” (ambiguously).
- Before or while asking about drinking, Burian asked Nelson to exit the vehicle; her walk out of the car was unremarkable. Burian then administered field sobriety tests, which he said indicated impairment, and arrested Nelson; a later breath test was over the legal limit.
- Nelson moved to suppress the field sobriety tests, chemical tests, and related observations; the trial court granted the motion, concluding Burian lacked reasonable, articulable suspicion to administer the sobriety tests.
- The State appealed, arguing the officer had reasonable, articulable suspicion based on the lane drifts, moderate odor of alcohol, bloodshot eyes, and Nelson’s ambiguous statement about drinking. The appellate court affirmed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable, articulable suspicion to administer field sobriety tests after a lawful traffic stop | Lane drifts, moderate alcohol odor, bloodshot/watery eyes, and Nelson’s ambiguous statement about drinking collectively justified further DUI investigation | Traffic infraction was de minimis, odor strength and eye observations were insufficient, and statements did not establish impairment or evasiveness | No — totality of circumstances, with deference to trial court’s credibility and factual findings, did not establish reasonable, articulable suspicion to justify field sobriety tests |
Key Cases Cited
- Mays v. State, 119 Ohio St.3d 406 (2008) (officer may stop and detain motorist on reasonable, articulable suspicion)
- Terry v. Ohio, 392 U.S. 1 (1968) (police may stop and conduct limited intrusion based on reasonable, articulable suspicion)
- State v. Orr, 91 Ohio St.3d 389 (2001) (Fourth Amendment and state constitution protections against unreasonable searches and seizures)