2021 Ohio 4509
Ohio Ct. App.2021Background:
- Citizen J.R. observed appellant Ranya Rasheed apparently smoking marijuana in her parked BMW at a Starbucks lot, called 911, provided his name and the vehicle plate, and reported the conduct to dispatch.
- Officers Brackett and Moll located the BMW as Rasheed pulled onto Monroe Street and initiated a stop based solely on J.R.’s tip.
- On approach officers smelled a strong odor of marijuana, observed glassy/red eyes, sluggish/delayed and giggly responses; Brackett conducted HGN, walk-and-turn, and one-legged-stand tests (HGN and one-leg largely negative; walk-and-turn failed).
- Detective Moll performed ARIDE-style observations (tongue coating/dry mouth, eyelid tremors, right-eye nonconvergence) and corroborated signs of THC impairment; officers arrested Rasheed for OVI (drugs).
- Rasheed moved to suppress arguing (1) J.R.’s tip was unreliable, (2) officers lacked reasonable suspicion to do field sobriety tests, and (3) field tests were unreliable/not NHTSA-compliant; the magistrate denied suppression, Rasheed pled no contest, was convicted and appealed.
- The Sixth District affirmed, holding the stop, testing, and arrest were supported by reasonable suspicion and probable cause.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rasheed) | Held |
|---|---|---|---|
| 1. Reasonable suspicion for the traffic stop based on citizen tip | J.R. was an identified citizen eyewitness who reported seeing Rasheed smoke and gave contact info; tip is presumptively reliable | J.R. only assumed the substance was marijuana and thus tip lacked reliability | Held: Tip from identified eyewitness who reported first-hand observations and gave contact info provided sufficient indicia of reliability to justify the stop |
| 2. Reasonable suspicion to prolong stop and conduct field sobriety tests | Officers detected strong marijuana odor on vehicle and person, plus glassy/red eyes and sluggish/giggly demeanor | Asking for field sobriety tests required additional specific articulable facts which were absent | Held: Officers had additional articulable facts (odor, eyes, behavior) that gave reasonable suspicion to conduct tests |
| 3. Probable cause to arrest after testing | Totality (tip, odor, appearance, failed walk-and-turn, ARIDE signs) gave reasonable belief Rasheed drove while impaired | Field tests were unreliable, not NHTSA-compliant, and physiological signs did not prove impaired driving | Held: Probable cause existed independent of some test results; physiological indicators and ARIDE observations supported arrest |
| 4. Reliability/NHTSA compliance of field sobriety testing | Tests were administered in substantial compliance (trainer Moll testified) and ARIDE observations addressed THC impairment | Tests were not administered per NHTSA and thus unreliable to support arrest | Held: Even if some tests target alcohol, ARIDE observations and other indicia sufficed; NHTSA-formalities did not defeat probable cause |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (stop permissible on reasonable, articulable suspicion)
- Navarette v. California, 572 U.S. 393 (2014) (informant tips may justify stops depending on reliability and totality of circumstances)
- Maumee v. Weisner, 87 Ohio St.3d 295 (1999) (when stop rests entirely on a tip, analysis focuses on tip reliability)
- State v. Tidwell, 165 Ohio St.3d 57 (2021) (reasonable suspicion may rest on third-party information if it shows indicia of reliability)
- State v. Homan, 89 Ohio St.3d 421 (2000) (standard for probable cause to arrest for OVI)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances test for informant reliability)