Tallmadge v. Barker

In Tallmadge v. Barker, 9th Dist. No. 23961, 2008 Ohio 2154, the Court summarized the relevant facts as follows: "On August 19, 2007, Brimfield Township police officer William Reese happened upon the scene of a one-car automobile accident in Portage County. His investigation led him to a residence in the City of Tallmadge, located in Summit County. Sergeant Reese entered the residence with the consent of its owner, who awakened her two sons for questioning. While Sergeant Reese discussed the accident with the young men at the kitchen table, he saw a confrontation between a young female and several young males through a sliding glass door. The female, who was later identified as Barker, entered the residence. Sergeant Reese detected the odor of alcohol on her person and noted that her eyes appeared bloodshot and her speech seemed labored. He was also informed by another individual at the scene that Barker had pulled her car into the driveway, barely avoiding a collision with his police cruiser, and that she had driven a juvenile home from a party in Kent, Ohio. Sergeant Reese administered a horizontal gaze nystagmus (HGN) test and a breath-alcohol content test. "Tallmadge police officers joined in the investigation. Within approximately one hour, Tallmadge police Lieutenant Ron Williams spoke with Barker at her home. He 'noticed her eyes were watery and bloodshot' and 'noticed an odor of alcoholic beverage on her.' Lieutenant Williams also performed a second HGN test and placed Barker under arrest shortly thereafter. She was charged with operating a motor vehicle with a prohibited blood alcohol content, a violation of Tallmadge Codified Ordinance 333.01(a)(1)(D), and operating a motor vehicle while under the influence of alcohol, a violation of Tallmadge Codified Ordinance 333.01(a)(1)(A). "On September 18, 2007, Barker moved to suppress 'the evidence adduced from her arrest,' arguing that Lieutenant Williams lacked probable cause to arrest her and failed to advise her of her constitutional rights at the time of her arrest. Specifically, Barker moved to suppress: '1. The opinion of the arresting officer regarding Barker's sobriety. '2. Statements taken from Barker or caused to be taken from Barker. '3. Evidence of the results of any physical performance or coordination tests performed by Barker. '4. Any other evidence obtained as a result of Barker's arrest for operating a motor vehicle under the influence of alcohol.' "The trial court concluded that 'Lieutenant Williams had reasonable suspicion to inquire of the Defendant,' but that "without more, the Court does not believe that there was probable cause to arrest the Defendant for OVI. Defendant's Motion is granted.' Tallmadge perfected this appeal as provided by Crim.R. 12(K)." Barker, supra, at PP2-4.