101 N.E.3d 1287
Oh. Ct. App. 5th Dist. Delawar...2018Background
- At ~1:46 a.m., Reece made a very wide right turn into the left lane and was stopped after radar showed he was driving 45 mph in a 35 mph zone.
- Trooper observed Reece stumble while dismounting his motorcycle, detected a strong odor of alcohol, and noted glassy, bloodshot eyes.
- Reece admitted to having "a couple" of beers and that he had just left a bar; trooper administered field sobriety tests (FSTs) and then arrested him.
- Reece was charged with OVI and speeding; he moved to suppress evidence from the expanded detention/FSTs, arguing lack of reasonable suspicion.
- Trial court denied the motion to suppress; Reece pleaded no contest to R.C. 4511.19(A)(1)(a) and appealed only the reasonable-suspicion ruling for administering FSTs.
- The appellate court reviewed the issue de novo, considered the totality of the circumstances, and affirmed the trial court.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Reece) | Held |
|---|---|---|---|
| Whether trooper had reasonable, articulable suspicion to expand the traffic stop and require FSTs | Trooper observed traffic violation plus strong odor of alcohol, glassy/bloodshot eyes, admission of recent drinking, late hour, and poor balance—these facts suffice for reasonable suspicion | Facts were insufficient to justify expansion of the stop for FSTs; trooper lacked particularized suspicion of impairment | Court held reasonable suspicion existed based on the totality of circumstances and affirmed denial of the suppression motion |
Key Cases Cited
- Ornelas v. United States, 517 U.S. 690 (assessment of reasonable suspicion and probable cause reviewed de novo)
- United States v. Arvizu, 534 U.S. 266 (totality of the circumstances and officer training may support reasonable suspicion)
- United States v. Cortez, 449 U.S. 411 (reasonable-suspicion inquiry requires particularized and objective basis)
- State v. Batchili, 113 Ohio St.3d 403 (2007) (reasonable-and-articulable standard for prolonged stops requires totality analysis)
- State v. Andrews, 57 Ohio St.3d 86 (1991) (viewing investigative stop through eyes of reasonable officer)
- State v. Bobo, 37 Ohio St.3d 177 (1988) (same)