State v. Mays

894 N.E.2d 1204, 119 Ohio St. 3d 406
CourtOhio Supreme Court
DecidedSeptember 16, 2008
DocketNo. 2007-1302
StatusPublished
Cited by379 cases

This text of 894 N.E.2d 1204 (State v. Mays) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mays, 894 N.E.2d 1204, 119 Ohio St. 3d 406 (Ohio 2008).

Opinion

Moyer, C.J.

{¶ 1} The Fifth District Court of Appeals has certified this case to this court for review and final determination pursuant to Section 3(B)(4), Article IV, Ohio Constitution and App.R. 25. The Fifth District found its judgment to be in [407]*407conflict with the judgment of the Third District Court of Appeals in State v. Phillips, Logan App. No. 8-04-25, 2006-Ohio-6338, 2006 WL 3477003. We determined that a conflict exists and agreed to resolve the following issue: “May a police officer who witnesses a motorist cross a right white edge line and without any further evidence of erratic driving or that the crossing was done in an unsafe manner make a constitutional stop of the motorist?” We answer this question in the affirmative.

{¶2} The facts of this case are not complicated. An Ohio State Highway Patrol trooper was driving in Newark, Ohio, when he saw the vehicle in front of him drift across the white fog line by approximately one tire width. A few moments later, he observed the same thing: the vehicle drifted across the right fog line, by approximately a tire width and then drifted back into the lane. The trooper continued following the vehicle for approximately one and a half miles, and he observed no further traffic violations. The trooper then signaled to the driver to pull over the vehicle.

{¶ 3} The trooper approached the vehicle and asked the driver, appellant Christopher Mays, for his driver’s license. Mays handed the trooper his credit card instead, and the trooper noticed that Mays had blood-shot, glassy eyes and smelled of alcohol. The trooper had Mays step out of the car and asked him to participate in field sobriety tests, but Mays refused to participate. The trooper then arrested Mays, and Mays was subsequently charged with operation of a vehicle while under the influence of alcohol in violation of R.C. 4511.19(A)(1)(a) and crossing marked lanes in violation of R.C. 4511.33.

{¶4} The trial court sustained the defendant’s motion to suppress after hearing the evidence and concluding that the trooper did not have a reasonable and articulable suspicion to support the traffic stop.

{¶ 5} The court of appeals reversed the judgment of the trial court. The court of appeals stated that the only issue in this case was “whether crossing the white line on the right side of the road two times, together with a slight weaving within one’s lane of travel, is sufficient articulable suspicion to justify a traffic stop.” State v. Mays, Licking App. No. 2006-CA-00097, 2007-Ohio-2807, 2007 WL 1651833, ¶ 10.

{¶ 6} The court held that, under the totality of circumstances, the trooper had a reasonable and articulable suspicion that appellant may have violated the statute that requires vehicles to stay within the lane markings in most circumstances, and therefore, he was justified in stopping appellant’s vehicle. Id. at ¶ 20. Further, the court held that “[wjhile a defendant may argue that there were reasons for which he or she should not have been convicted of a violation of [the marked-lanes statute], an officer is not required to have proof beyond a reasonable doubt that someone has violated the marked lane statute in order to [408]*408make a traffic stop nor must an officer eliminate all possible innocent explanations for someone going over the edge lines. The officer need only have a reasonable suspicion based upon articulable facts that the driver violated the marked lanes statute. (Citation omitted.)” Id. at ¶ 20.

I. Analysis

{¶ 7} The Fourth Amendment to the United States Constitution and Section 14, Article I of the Ohio Constitution guarantee the right to be free from unreasonable searches and seizures. State v. Orr (2001), 91 Ohio St.3d 389, 391, 745 N.E.2d 1036. The United States Supreme Court has stated that a traffic stop is constitutionally valid if an officer has a reasonable and articulable suspicion that a motorist has committed, is committing, or is about to commit a crime. Delaware v. Prouse (1979), 440 U.S. 648, 663, 99 S.Ct. 1391, 59 L.Ed.2d 660; Berkemer v. McCarty (1984), 468 U.S. 420, 439, 104 S.Ct. 3138, 82 L.Ed.2d 317, quoting United States v. Brignoni-Ponce (1975), 422 U.S. 873, 881, 95 S.Ct. 2574, 45 L.Ed.2d 607. Further, “[t]he propriety of an investigative stop by a police officer must be viewed in light of the totality of the surrounding circumstances.” State v. Freeman (1980), 64 Ohio St.2d 291, 18 O.O.3d 472, 414 N.E.2d 1044, at paragraph one of the syllabus.

{¶ 8} Therefore, if an officer’s decision to stop a motorist for a criminal violation, including a traffic violation, is prompted by a reasonable and articulable suspicion considering all the circumstances, then the stop is constitutionally valid.

{¶ 9} The trooper in this case stopped appellant for violating R.C. 4511.33, which states:

{¶ 10} “(A) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, or wherever within municipal corporations traffic is lawfully moving in two or more substantially continuous lines in the same direction, the following rules apply:

{¶ 11} “(1) A vehicle or trackless trolley shall be driven, as nearly as is practicable, entirely within a single lane or line of traffic and shall not be moved from such lane or line until the driver has first ascertained that such movement can be made with safety.”

A. Reasonable Suspicion

{¶ 12} “The Fourth Amendment imposes a reasonableness standard upon the exercise of discretion by government officials. Delaware v. Prouse (1979), 440 U.S. 648, 653-654, 99 S.Ct. 1391, 59 L.Ed.2d 660. ‘Thus, the permissibility of a particular law enforcement practice is judged by balancing its intrusion on the individual’s Fourth Amendment interests against its promotion of legitimate governmental interests.’ Id. at 654, 99 S.Ct. 1391, 59 L.Ed.2d 660. To justify a [409]*409particular intrusion, the officer must demonstrate ‘specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.’ Terry v. Ohio (1968), 392 U.S. 1, 21, 88 S.Ct. 1868, 20 L.Ed.2d 889.” State v. Batchili, 113 Ohio St.3d 403, 2007-Ohio-2204, 865 N.E.2d 1282, ¶ 11. “The ‘reasonable and articulable suspicion’ analysis is based on the collection of factors, not on the individual factors themselves.” (Emphasis sic.) Id. at ¶ 19.

{¶ 13} As the United States Supreme Court elaborated in Berkemer v. McCarty, a police officer who lacks probable cause but whose observations lead him reasonably to suspect that a particular person’s behavior is criminal may detain the person briefly to investigate the circumstances that provoked the suspicion. 468 U.S. at 439, 104 S.Ct. 3138, 82 L.Ed.2d 317.

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Cite This Page — Counsel Stack

Bluebook (online)
894 N.E.2d 1204, 119 Ohio St. 3d 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mays-ohio-2008.