State v. Tharp
2015 Ohio 4267
Ohio Ct. App.2015Background
- On Nov. 8, 2014 at ~11:36 p.m., OSP Sgt. David Garber observed Richard Tharp's vehicle cross the center line twice and stop past the marked stop bar; Garber initiated a traffic stop.
- Upon approach Garber detected odors of alcohol and marijuana and observed Tharp had bloodshot, glassy eyes; Tharp admitted recent marijuana use but denied drinking.
- Garber asked Tharp to exit and administered HGN, lack-of-convergence, walk-and-turn, and one-leg-stand tests; HGN showed no clues but the other tests showed multiple indicators of impairment.
- Tharp was charged with OVI (refusal to submit to urine test) and driving left of center; he moved to suppress evidence and a suppression hearing was held.
- The trial court denied the motion to suppress; Tharp pled no contest to both counts, was convicted and sentenced, and appealed the denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of traffic stop | Officer (State) — Garber witnessed traffic violations (crossing center line, improper stop) so the stop was lawful | Tharp — stop lacked reasonable, articulable suspicion / was an unreasonable seizure | Court held stop lawful; officer observed moving violations giving authority to stop |
| Authority to require exit and conduct FSTs | State — odor of alcohol/marijuana, bloodshot eyes, admission of marijuana, late hour provided reasonable suspicion for FSTs | Tharp — facts were insufficient (cited Keserich) and did not support continued detention for FSTs | Court held totality of circumstances supported asking Tharp out and conducting FSTs (reasonable suspicion) |
| Probable cause to arrest for OVI | State — combined observations and poor FST performance provided probable cause | Tharp — FSTs/HGN did not establish impairment; overall facts insufficient for probable cause | Court held probable cause existed based on totality of circumstances and FST results |
| Standard of review on suppression rulings | State — de novo review of legal conclusions; trial court findings preserved | Tharp — argued trial court erred in applying law to facts | Court applied proper standards (de novo for legal issues, defer to factual findings) and affirmed denial of suppression |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (established standard for investigative stops under the Fourth Amendment)
- Ornelas v. United States, 517 U.S. 690 (reasonable suspicion and probable cause reviewed de novo on appeal)
- Dayton v. Erickson, 76 Ohio St.3d 3 (officer may stop a vehicle based on probable cause of a traffic violation)
- State v. Freeman, 64 Ohio St.2d 291 (approving totality-of-the-circumstances approach for intoxication determinations)