2012 Ohio 305
Ohio Ct. App.2012Background
- State appeals Wayne County Municipal Court suppression ruling granting Payne’s motion.
- Incident occurred March 24, 2011, around 2:00 a.m.; Officer Lash observed Payne driving a black truck and noted her prior police contact.
- Lash followed Payne for suspected drug ties, observed three traffic violations, but did not stop then.
- Payne stopped in a driveway; Lash approached Payne and companion on Christmas Run Boulevard without activating lights or ordering compliance.
- Payne admitted drinking and taking Vicodin after a consensual conversation; she submitted to a field sobriety test and breath test showing .085% BAC.
- Payne was charged with two OVI counts; trial court granted suppression; State appeals claiming consensual encounter or probable cause; appellate court reverses and remands for credibility findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression was proper given the trial court’s lack of credibility findings | State argues Lash had a stop or greater contact | Payne argues no such stop and evidence should be suppressed | Remand for factual findings; suppression reversed |
Key Cases Cited
- State v. Patterson, 9th Dist. No. 23135, 2006-Ohio-5424 (2006-Ohio-5424) (three levels of police encounters; totality of circumstances for stop)
- Maumee v. Weisner, 87 Ohio St.3d 295 (1999) (test for reasonable suspicion in investigative stops)
- Terry v. Ohio, 392 U.S. 1 (1968) (articulable facts justify an investigative stop)
- United States v. Mendenhall, 446 U.S. 544 (1980) (consensual encounter unless restraint; freedom to leave)
- State v. Burnside, 2003-Ohio-5372 (2003) (standard for reviewing suppression rulings)
- State v. McNamara, 124 Ohio App.3d 706 (1997) (necessity of credibility findings on disputed testimony)
- State v. Martin, 9th Dist. No. 24812, 2009-Ohio-6948 (2009) (remand when trial court fails to set credibility findings)
- State v. Mills, 62 Ohio St.3d 357 (1992) (mixed question of law and fact in suppression)
- State v. Conley, 9th Dist. No. 08CA009454, 2009-Ohio-910 (2009) (deference to trial court on credibility; review de novo on law)