State v. Thayer
2012 Ohio 3301
Ohio Ct. App.2012Background
- Trooper Jones observed Thayer repeatedly ride on the double yellow line on West Smith Road; video confirms the line contact during a wide right turn onto Erhart Road.
- Thayer was pulled over after the second observed line contact and approached by Trooper Jones, who smelled alcohol and noted red, glassy eyes.
- Thayer admitted to consuming four drinks that night when questioned, and was subjected to a horizontal gaze nystagmus (HGN) test which yielded six clues.
- Due to Thayer’s spinal injury, the trooper did not administer the walk-and-turn and one-leg stand tests; Thayer was arrested for OVI after the HGN and other observations.
- Thayer moved to suppress the stop, arguing lack of probable cause/reasonable suspicion, noncompliance with testing standards, and lack of probable cause for arrest.
- The Medina Municipal Court denied suppression, concluding the stop was supported by reasonable suspicion and the HGN test complied with standards; Thayer appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial stop justified by reasonable suspicion? | Thayer | Thayer | Stop upheld; observed double yellow line contact justified detention |
| Did the extended detention for field sobriety testing violate Fourth Amendment protections? | Thayer | Thayer | Detention valid under totality of circumstances; additional cues supported reasonable suspicion |
| Was there probable cause to arrest for OVI given HGN results and admissions? | Thayer | Thayer | Probable cause existed despite alleged noncompliance with HGN standards |
Key Cases Cited
- State v. Campbell, 2005-Ohio-4361 (Ohio 9th Dist. 2005) (establishes mixed law-and-fact review for suppression; credibility found by trial court)
- Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (controlling standard for reasonable suspicion and investigative stops)
- State v. Barker, 2009-Ohio-1334 (Ohio 9th Dist. 2009) (probable cause for OVI supported by multiple indicators, including HGN)
- State v. Slates, 2011-Ohio-295 (Ohio 9th Dist. 2011) (probable cause can exist even if some field sobriety tests are not compliant)
- State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (probable cause standard for arrest in OVI cases; totality of circumstances/credibility)
- State v. Walters, 2012-Ohio-2429 (Ohio 9th Dist. 2012) (clarifies that less-than-proof-beyond-doubt can support probable cause)