State v. Phillips
2017 Ohio 1312
Ohio Ct. App.2017Background
- Felicia E. Phillips was stopped and arrested June 14, 2015, by Trooper Shaun Mollohan on suspicion of DUI and cited for failure to drive in marked lanes (R.C. 4511.33) and OVI (R.C. 4511.19).
- Trooper Mollohan testified he observed Phillips’ vehicle with its right wheels over the right-hand fog line on two occasions before his dash camera began recording; video later showed the vehicle closely adjacent to the fog line.
- Phillips moved to suppress the stop, arguing the trooper lacked reasonable suspicion to stop her for a lane-usage violation; the municipal court denied the motion.
- Phillips pleaded no contest, was convicted and sentenced, and appealed the denial of the suppression motion to the Ninth District Court of Appeals.
- The appellate court reviewed the trial court’s factual findings for support by competent, credible evidence and reviewed de novo whether those facts met the reasonable-suspicion standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trooper had reasonable suspicion to stop vehicle for failure to drive within marked lanes | Phillips: trooper lacked reasonable, articulable facts to justify the stop; video does not confirm crossing the fog line | State: trooper observed vehicle’s right wheels over the fog line twice before recording and saw lane departures through intersections | Court held trooper had reasonable suspicion to stop for lane violation |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (2003) (standard of appellate review for suppression motions: factual findings deferred to trial court; legal conclusions reviewed de novo)
- Katz v. United States, 389 U.S. 347 (1967) (warrantless searches and seizures presumptively unreasonable)
- State v. Kessler, 53 Ohio St.2d 204 (1978) (state bears burden to show warrantless searches fall within exceptions)
- State v. Mays, 119 Ohio St.3d 406 (2008) (investigatory automobile stop is a seizure requiring reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (1968) (stop must be based on specific, articulable facts and reasonable inferences)
- Maumee v. Weisner, 87 Ohio St.3d 295 (1999) (reasonable suspicion assessed under totality of the circumstances)
- State v. Mills, 62 Ohio St.3d 357 (1992) (appellate courts defer to trial court credibility determinations)
- State v. Murphy, 159 Ohio App.3d 74 (2004) (operation over right-hand fog line alone violates R.C. 4511.33 and can justify traffic stop)