2018 Ohio 5284
Ohio Ct. App.2018Background
- On July 16, 2017, Trooper Brandon Dean stopped Christiana Lane’s vehicle in Vermilion, Ohio, after observing lane changes and conduct he described as entering/continuing into a right-turn-only lane. Lane was charged with OVI (R.C. 4511.19) and a marked lanes violation (R.C. 4511.33).
- Lane moved to suppress all evidence from the stop, arguing the initial stop lacked reasonable, articulable suspicion of a traffic violation and that sobriety testing did not follow NHTSA protocol.
- At the suppression hearing Trooper Dean testified Lane signaled, changed lanes, stopped past a stop bar, then proceeded straight in what he characterized as a turn-only lane; he admitted Lane’s lane change and turn were made safely and that there was no signage restricting the lane.
- The municipal court denied suppression of the trooper’s observations (but suppressed field sobriety test results), concluding Dean had reasonable suspicion under R.C. 4511.33 to make the stop.
- Lane entered a no-contest plea; sentence was stayed pending appeal. The Sixth District reversed the denial of the suppression motion, holding the stop was not objectively reasonable under the marked-lanes statute and ordering the case remanded.
Issues
| Issue | Plaintiff's Argument (Lane) | Defendant's Argument (State/Trooper) | Held |
|---|---|---|---|
| Was the traffic stop supported by reasonable, articulable suspicion of a R.C. 4511.33 marked-lanes violation? | The stop was unlawful because Trooper Dean lacked reasonable suspicion; Lane signaled and changed lanes safely and there was no signage restricting the lane. | The trooper had reasonable suspicion; any reasonable mistake of law about the statute justified the stop (relying on Heien). | The court held the stop was not objectively reasonable under R.C. 4511.33; suppression of evidence stemming from the stop was required and the trial court’s denial was reversed. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (pretextual stops permissible where objective basis exists)
- Heien v. North Carolina, 574 U.S. 54 (2014) (an objectively reasonable mistake of law may support reasonable suspicion)
- State v. Mays, 119 Ohio St.3d 406 (Ohio Supreme Court interpretation of marked-lanes statute supporting stops when driving outside marked lanes reasonably indicates a violation)