192 Ohio App. 3d 127
Ohio Ct. App.2010Background
- Sergeant Hamilton stopped Phoenix for driving with headlights off on River Road, Cincinnati, at night.
- During the stop, an odor of alcohol and an open beer bottle in the back seat were observed; Phoenix admitted consuming two beers.
- Phoenix produced his license with some difficulty; his eyes were glassy and bloodshot.
- Ph onix underwent three field sobriety tests; the horizontal-gaze nystagmus test was invalid due to distance, but walk-and-turn and one-leg-stand tests were performed with one clue of impairment each.
- Phoenix was arrested for OVI; Phoenix moved to suppress; the trial court granted the suppression order after an eight-page ruling.
- The court of appeals affirmed the suppression, holding there was insufficient evidence to establish probable cause for the OVI arrest; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest for OVI | State contends sufficient facts supported probable cause. | Phoenix contends the facts were insufficient to create probable cause. | Probable cause lacking; suppression sustained. |
| Distinguishing Bryant vs. present facts | State argues Bryant is distinguishable and supports probable cause. | Phoenix argues Bryant controls or that the facts remain insufficient. | Bryant distinguished; insufficient evidence to support arrest. |
| Appropriate legal standard for probable cause | State asserts objective, totality-of-circumstances standard should apply. | Phoenix challenges the court’s evaluation under the standard. | Court applied the proper totality-of-circumstances standard and found no probable cause. |
Key Cases Cited
- State v. Fisher, 2009-Ohio-2258 (Ohio 2009) (relevant impairment indicators and sobriety testing guidelines)
- State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (probable cause standard for OVI arrest)
- Illinois v. Gates, 462 U.S. 213 (U.S. Supreme Court 1983) (probable-cause standard is a flexible, commonsense standard)