State v. Turner
2019 Ohio 3950
Ohio Ct. App.2019Background:
- On Aug. 5, 2018, Trooper Jordan Haggerty observed Ryan Turner pull from a private drive and make an "odd" turn, then follow him onto Old State Route 74 shortly before midnight.
- Trooper testified he saw Turner's two right tires touch the solid white fog line on the right side of the roadway once; the tires did not cross the line. He stopped Turner for a marked lanes violation (R.C. 4511.33(A)(1)).
- Turner was later given a breath test showing .158 and was charged with OVI and a marked lanes violation. He moved to suppress evidence based on an unlawful stop; the trooper was the only witness and the stop was recorded by his cruiser camera.
- The municipal court granted Turner's suppression motion, finding a single brief touch of the fog line insufficient to provide probable cause or reasonable articulable suspicion to stop under R.C. 4511.33, relying on other appellate authorities (e.g., Shaffer).
- The State appealed. The Twelfth District reversed, holding that driving on a marked lane line is inconsistent with the statute's requirement that a vehicle be driven "entirely within" a single lane and that observing a vehicle on the lane line supplies reasonable and articulable suspicion for a stop. A judge dissented, arguing the MUTCD treats the fog line as part of the lane edge and that touching it does not violate the statute.
Issues:
| Issue | State's Argument | Turner's Argument | Held |
|---|---|---|---|
| Whether a single occasion of a vehicle's tires touching a marked lane line (fog line) provides reasonable and articulable suspicion to stop for a R.C. 4511.33 marked-lanes violation | Touching the lane line shows the vehicle is not "entirely within" its lane per R.C. 4511.33(A)(1); therefore the trooper had reasonable and articulable suspicion to stop | A one-time, momentary touching of the fog line is incidental or within the lane boundary (as reflected in the MUTCD and appellate precedent) and does not give rise to reasonable suspicion or probable cause | Reversed suppression: the court held that a vehicle driven on a marked lane line is not "entirely within" a lane and that an officer who observes that may constitutionally stop the vehicle (reasonable and articulable suspicion) |
Key Cases Cited
- State v. Mays, 119 Ohio St.3d 406 (Ohio 2008) (Ohio Supreme Court held that drifting across an edge line supports reasonable and articulable suspicion for a stop under the marked-lanes statute)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes standard for investigatory stops based on reasonable, articulable suspicion)
- United States v. Sokolow, 490 U.S. 1 (U.S. 1989) (explains that reasonable suspicion is less demanding than probable cause and is evaluated under the totality of circumstances)