State v. Tipple
2017 Ohio 2774
Ohio Ct. App.2017Background
- Cameron Tipple was stopped after making two turns without signaling and a lane violation; trooper observed odor of alcohol and bloodshot, glassy eyes.
- Tipple admitted to drinking earlier; trooper conducted field sobriety tests but HGN was not in substantial compliance and was later suppressed by stipulation.
- Trooper observed one clue on Walk-and-Turn and one clue on One-Leg Stand; PBT yielded 0.121.
- Tipple was arrested for OVI (R.C. §4511.19) and later pleaded no contest to one count; other charges were dismissed.
- Tipple moved to suppress, arguing lack of probable cause; trial court denied the motion after reviewing dashcam and stipulations; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to arrest for OVI | Trooper: totality (driving, odor, bloodshot eyes, admission, PBT) supports probable cause | Tipple: field sobriety and PBT should not be considered; no probable cause | Court: Probable cause existed under totality; field tests and PBT may be considered; arrest upheld |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (Fourth Amendment stop-and-frisk framework; limits on unreasonable seizures)
- Ornelas v. United States, 517 U.S. 690 (1996) (reasonable suspicion and probable cause reviewed de novo on appeal)
- State v. Homan, 89 Ohio St.3d 421 (2000) (probable cause may be found from red/glassy eyes, odor of alcohol, erratic driving, admission of drinking)
- State v. Boczar, 113 Ohio St.3d 148 (2007) (addressing statutory changes and precedential context for OVI decisions)