2017 Ohio 7214
Ohio Ct. App.2017Background
- On Dec. 10, 2015 Scott R. Perry was the driver in a single-car crash and had obvious head lacerations; deputy smelled alcohol and Perry admitted drinking four beers that day.
- Perry was transported to a hospital; a blood sample was taken at 12:40 a.m. (~1 hour after the crash) showing BAC above the legal limit.
- Deputy Plaugher sent the hospital a written request under R.C. 2317.02(B)(2)(a) asking for tests/results related to alcohol/drugs; the hospital produced records which were later filed in court.
- Perry moved to suppress the medical records, arguing the deputy should have obtained a warrant and the statutory request was an unconstitutional warrantless search/fishing expedition.
- The municipal court denied the motion, finding the statute constitutional and law enforcement acted in good faith; Perry pled no contest to OVI (R.C. 4511.19(A)(1)(a)) and appealed only the suppression denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether law enforcement must obtain a Fourth Amendment warrant before requesting medical records under R.C. 2317.02(B)(2)(a) | Relying on precedent, state argued suppression denial was correct and the statute authorizes the request | Perry argued deputy needed a warrant and the statutory request was a warrantless search/seizure (fishing expedition) | Court declined to decide the constitutional question; affirmed suppression denial but held appeal moot as Perry pled no contest to an OVI charge that did not require BAC evidence |
Key Cases Cited
- Burnside v. State, 100 Ohio St.3d 152 (Ohio 2003) (articulates mixed question of law and fact standard of review for suppression rulings)