State v. White
2014 Ohio 555
Ohio Ct. App.2014Background
- On March 16, 2012 the Ohio State Highway Patrol ran an OVI checkpoint on SR-309 in Allen County between 9:00 p.m. and midnight; advance press releases and warning signs were used and multiple officers were present.
- Larry L. White was stopped at about 10:14 p.m.; Trooper Geer detected odor of alcohol, bloodshot eyes, flushed face, and slurred speech; White admitted drinking three beers.
- White was directed to a holding area and given three standardized field sobriety tests (HGN, walk-and-turn/heel-to-toe, and one-leg stand); the court suppressed HGN for NHTSA noncompliance but admitted other observations.
- Trooper Geer arrested White for OVI, read the BMV 2255 implied-consent warnings, and administered an Intoxilyzer 8000 breath test showing .120 and .120.
- White moved to suppress virtually all evidence, arguing the roadblock was unconstitutional, his arrest lacked probable cause, consent to the breath test was coerced, the 20-minute observation requirement was violated, and the dry gas used was expired.
- The trial court denied suppression except for the HGN results; White pled no contest and appealed. The appellate court affirmed the trial court in all respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of checkpoint | State: checkpoint valid under Sitz/Orr balancing; minimal intrusion, important state interest, effective | White: checkpoint invalid—procedures lacked predetermined neutral criteria/statistics (relies on Goines four-prong) | Court upheld checkpoint using Sitz/Orr three-prong balancing; procedures (warnings, visibility, approvals, press releases, ability to avoid) satisfied the constitutional standard |
| Probable cause for arrest | State: totality of circumstances (odor, admission, appearance, FST performance, officer training) supported probable cause | White: only one failed FST (other tests excluded or passed) so insufficient for probable cause | Court found probable cause under totality of circumstances; admitted officer observations of tests and indicia of intoxication were sufficient |
| Voluntariness/ coercion of consent to breath test | State: implied-consent statute applies; BMV 2255 was read; consent voluntary | White: officer’s “stay cool/cooperate or go home” statements coerced consent and misstated law | Court held implied-consent applied, warnings were properly given, no coercion shown; consent voluntary under totality of circumstances |
| Breath-test procedure and equipment (20-minute observation & dry gas) | State: substantially complied with 20-minute observation and device/dry-gas certification; tests properly administered | White: observation interrupted (camera gaps, alleged restart after "interferent detect") and dry gas expiration ambiguity rendered results inadmissible | Court held State substantially complied with 20-minute observation (no prejudice shown), rejected requirement to restart observation after interferent, and accepted uncontradicted testimony that dry gas and instrument certification were valid; test admissible |
Key Cases Cited
- State v. Orr, 91 Ohio St.3d 389 (Ohio 2001) (applies Sitz three-prong balancing to Ohio checkpoints)
- Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (U.S. 1990) (established balancing test for sobriety checkpoints)
- State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (probable cause for OVI evaluated under totality of the circumstances)
- State v. Schmitt, 101 Ohio St.3d 79 (Ohio 2004) (officer testimony about observations during FSTs is admissible for probable cause even when test results are excluded)
- Plummer v. State, 22 Ohio St.3d 292 (Ohio 1986) (breath-test admissibility turns on substantial compliance with ODH regulations)
- Mapp v. Ohio, 367 U.S. 643 (U.S. 1961) (exclusionary rule for evidence obtained in violation of the Fourth Amendment)
- Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975) (warrantless arrests require probable cause)