State v. Street
2020 Ohio 173
Ohio Ct. App.2020Background
- Dec. 11, 2018: a witness (Gregorich) called 911 after observing a blue Honda Accord driven erratically and nearly into oncoming traffic; the car later pulled into a driveway and the driver (appellant Joy Street) stumbled entering a house.
- Lawrence Twp. Officer Wright responded to dispatch for a welfare check, found the Accord parked askew in an attached garage with the driver-side door open and the license matching the report.
- Wright knocked on the garage door; Street’s husband said she was sleeping, but Street came to the door slurring, with glassy, bloodshot eyes and a strong odor of alcohol.
- Wright asked Street to step into the garage and asked to perform field sobriety tests; Street went inside to get shoes and returned voluntarily.
- Street moved to suppress, arguing warrantless entry into her attached garage and unlawful commands; the municipal court denied suppression, she pled no contest, was convicted, and appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Street) | Held |
|---|---|---|---|
| Lawfulness of officer entry into attached garage and subsequent interaction | Entry and welfare check were lawful under the community-caretaking / emergency-aid (exigent) exception; officer had reasonable grounds to act | Garage is part of home/curtilage; warrant required; officer exceeded welfare-check scope, ordered her out and compelled testing | Court: Entry was objectively reasonable under the emergency-aid/community-caretaking exception; continuing inquiry and Street’s exit were lawful and voluntary; suppression denied |
Key Cases Cited
- State v. Applegate, 68 Ohio St.3d 348 (1994) (exigent/emergency-aid exception to warrant requirement)
- Katz v. United States, 389 U.S. 347 (1967) (Fourth Amendment warrant principles)
- Mincey v. Arizona, 437 U.S. 385 (1978) (protecting life or avoiding serious injury justifies warrantless entry)
- Wayne v. United States, 318 F.2d 205 (1963) (police must act promptly in apparent emergencies)
- Terry v. Ohio, 392 U.S. 1 (1968) (warrantless intrusions must be strictly circumscribed by the exigency)
- Brigham City v. Stuart, 547 U.S. 398 (2006) (Fourth Amendment reasonableness judged objectively in emergency-aid contexts)
- Scott v. United States, 436 U.S. 128 (1978) (objective standard for Fourth Amendment reasonableness)
- Ornelas v. United States, 517 U.S. 690 (1996) (appellate de novo review of reasonable suspicion/probable cause)
- State v. Fanning, 1 Ohio St.3d 19 (1982) (standard for appellate review of suppression factual findings)
- State v. Dunlap, 73 Ohio St.3d 308 (1995) (trial court as factfinder in suppression hearings)