State v. Washington
2012 Ohio 1391
Ohio Ct. App.2012Background
- Officer stopped Washington for lane violations and aggressive driving; observed slurred speech and odor of alcohol.
- Washington provided information conflicting with where he was coming from and where going; admitted drinking and coming from Taco Bell.
- Washington performed nonscientific field sobriety tests, showing unsteadiness and difficulty following instructions.
- Washington was arrested for operating a vehicle under the influence after testing; BAC registered .143 at station.
- Oberlin Municipal Court denied suppression; Washington pleaded no contest and was found guilty; appeal challenges stop, probable cause, and admissibility of observations.
- Court affirms suppression denial based on reasonable suspicion to conduct tests and probable cause based on totality of circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to require sobriety tests | Washington argues no reasonable suspicion | Murphy argues there was reasonable suspicion | Yes; reasonable suspicion supported ordering tests |
| Whether there was probable cause to arrest based on observations | Washington argues no probable cause | Murphy argues totality supports probable cause | Yes; probable cause exists under totality of circumstances |
| Whether officer may testify about nonscientific tests | Washington argues observations during tests are inadmissible | Murphy argues observations admissible per Schmitt | Yes; officer may testify about observations during nonscientific tests |
Key Cases Cited
- State v. Napier, 9th Dist. No. 11CA0006, 2012-Ohio-394 (Ohio 2012) (reasonable suspicion suffices for field sobriety testing)
- State v. Schmitt, 101 Ohio St.3d 79, 2004-Ohio-37 (Ohio 2004) (officer may testify about observations during nonscientific tests)
- State v. Homan, 89 Ohio St.3d 421, 2000 (Ohio 2000) (totality of facts supports probable cause to arrest)
- State v. Burnside, 100 Ohio St.3d 152, 2003-Ohio-5372 (Ohio 2003) (independent review of legal standard for suppression ruling)
- State v. Osburn, 9th Dist. No. 07CA0054, 2008–Ohio–3051 (Ohio 2008) (support for considering observations during nonsanctioned tests)