State v. Saravia
2012 Ohio 1443
Ohio Ct. App.2012Background
- Barberton defendant stopped on I-77 after an identified citizen informant reported a drunk driver in a blue BMW matching the car’s description.
- Officer Marnet stopped the vehicle at Ridgewood Road after observing the car in the described location with the dispatcher’s tip, and detected strong odor of alcohol and physical signs of impairment.
- Saravia failed field sobriety tests and was arrested for operating a vehicle under the influence; BAC later registered .107.
- Saravia moved to suppress arguing lack of reasonable suspicion and lack of probable cause; the municipal court denied the motion.
- Saravia contested viewing the booking video, arguing it would bear on credibility of officer and sobriety; the court declined to view it.
- Appellate court affirmed, ruling that the stop was supported by reasonable suspicion, probable cause to arrest existed, and the booking video was not proffered for record evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion. | Saravia argues Marnet lacked suspicious conduct. | Saravia relies on dispatcher tip as sole basis. | Stop supported by reasonable suspicion. |
| Whether there was probable cause to arrest. | Saravia contends insufficiency of facts. | Marnet’s observations and tests established probable cause. | Probable cause to arrest existed. |
| Whether the booking video should have been viewed. | Video could verify slurred speech and credibility. | Video irrelevant to suppression. | Booking video not reviewed; issue did not affect suppression ruling. |
Key Cases Cited
- Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (tip reliability and dispatch can justify stop when indicia exist)
- Florida v. Royer, 460 U.S. 491 (U.S. 1983) (temporary seizures may be based on reasonable suspicion, not probable cause)
- State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (probable cause assessment for DUI arrest)