2019 Ohio 4207
Ohio Ct. App.2019Background:
- On Aug. 28, 2018, Lauren Shelton rear‑ended R.B. while he was stopped at a red light; no property damage occurred.
- R.B. smelled alcohol on Shelton, observed bloodshot eyes, and reported her behavior as “odd” (pacing, banging on his window, moving items, putting on sunglasses).
- Officer Cameron Shaw arrived, detected a strong fragrance and later the odor of an alcoholic beverage, observed Shelton’s bloodshot/watery eyes, and spoke with R.B. about his observations.
- Shelton began HGN and other SFSTs but refused completion (said “she was done”), was arrested for OVI, transported to jail, and refused a BAC test.
- Trial court granted Shelton’s motion to suppress, finding Officer Shaw lacked probable cause; the state appealed.
- The Twelfth District reversed, holding the totality of the circumstances supplied probable cause to arrest for OVI, and remanded for further proceedings; one judge dissented.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Shelton) | Held |
|---|---|---|---|
| Whether Officer Shaw had probable cause to make a warrantless arrest for OVI | Totality of circumstances (rear‑end collision, odor of alcohol, bloodshot/watery eyes, odd behavior, attempted masking, refusal of SFSTs) justified a prudent person’s belief of intoxication | Trial court: facts were insufficient—Shelton produced license/insurance without trouble, showed no staggering, slurred speech, loss of balance, or other overt signs | Reversed: probable cause existed under the totality of circumstances; suppression order reversed and case remanded |
Key Cases Cited
- State v. Homan, 89 Ohio St.3d 421 (2000) (adopted totality‑of‑circumstances test for DUI probable cause)
- Kaley v. United States, 571 U.S. 320 (2014) (probable‑cause standard is lower than the burden of proof at trial)
- Fairfield v. Regner, 23 Ohio App.3d 79 (12th Dist. 1985) (odor of alcohol on or about a person at an accident scene can support probable cause to arrest)