2014 Ohio 511
Ohio Ct. App.2014Background
- City of Cincinnati appealed after Municipal Court granted Sanders’s suppression motion for DUI arrest.
- Trooper Salamon stopped Sanders for speeding (59 mph in 45 mph zone) and marked-lane violations on Columbia Parkway.
- Approaching Sanders, Trooper observed glassy, bloodshot eyes, odor of alcohol in car and on Sanders’s breath, and Sanders admitted drinking.
- Sanders performed field sobriety tests: horizontal gaze nystagmus showed impairment; one-leg-stand had no clues; walk-and-turn showed impairment; total clues supported impairment.
- Municipal Court suppressed the arrest evidence due to non-substantial compliance with standardized testing; court found lack of probable cause.
- Appellate court held there was probable cause based on totality of circumstances and reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest Sanders for DUI? | Salamon’s observations plus admission established probable cause. | Test non-compliance undermines reliability; insufficient to arrest. | Probable cause existed; reversed. |
Key Cases Cited
- State v. Heston, 29 Ohio St.2d 152, 280 N.E.2d 376 (1972) (Ohio Supreme Court 1972) (probable cause evaluation uses totality-of-the-circumstances)
- State v. Homan, 89 Ohio St.3d 421, 732 N.E.2d 952 (2000) (Ohio Supreme Court 2000) (probable cause may be supported without field sobriety tests)
- State v. Whitty, 2010-Ohio-5847 (Ohio App. 1st Dist. 2010) (totality of circumstances supports DUI arrest)
- Fisher, 2009-Ohio-2258 (Ohio App. 1st Dist. 2009) (field sobriety tests admissible when properly supported)
- Kiefer, 2004-Ohio-5054 (Ohio App. 1st Dist. 2004) (probable cause can be based on non-test observations)