2024 Ohio 5626
Ohio Ct. App.2024Background
- Alan Ruffin was stopped and later arrested after a traffic accident at 1:00 a.m. in Wood County, Ohio, where police observed possible signs of intoxication.
- Ruffin was indicted on two felony counts of operating a vehicle under the influence (OVI).
- Ruffin filed a motion to suppress evidence from his stop and arrest, challenging the basis for field sobriety tests, the administration of those tests, and probable cause for his arrest.
- The trial court denied the motion to suppress, finding both reasonable suspicion for the field tests and probable cause for arrest.
- Ruffin was later convicted after pleading no contest, and he appealed, raising issues about the use of the NHTSA manual, denial of his suppression motions, and denial of leave to file additional suppression motions.
Issues
| Issue | Ruffin's Argument | State's Argument | Held |
|---|---|---|---|
| Judicial notice/admission of NHTSA manual | Court erred by not taking judicial notice or admitting manual | Ruffin had opportunity to cross-examine using the manual | No prejudicial error; harmless |
| Reasonable suspicion for field sobriety tests | No reasonable suspicion; glassy eyes/odor insufficient | Totality: accident at 1am, odor, glassy eyes, admission | Sufficient for reasonable suspicion |
| Probable cause to arrest for OVI | HGN test flawed, insufficient cause | Sufficient clues: accident, HGN results, odor, eyes, response | Probable cause existed |
| Denial of leave for second suppression motion | Needed to challenge breath test procedure after late discovery | No test administered—issue irrelevant (refusal is basis for charge) | Properly denied; not abuse of discretion |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (standard for appellate review on motions to suppress)
- State v. Boczar, 113 Ohio St.3d 148 (Rules of Evidence do not apply to suppression hearings, field sobriety test standards)
- Terry v. Ohio, 392 U.S. 1 (standard for reasonable suspicion under the Fourth Amendment)
- United States v. Sokolow, 490 U.S. 1 (reasonable suspicion requirement)