Does An Officer Have Probable Cause to Arrest a Person Without a Field Sobriety Test ?
In City of Cleveland v. Sanders, Cuyahoga App. No. 83073, 2004 Ohio 4473, the court found the arresting officer did not have probable cause to arrest the defendant where the officer did not administer a field sobriety test, but arrested appellant based only on observations that the defendant had dilated eyes, the defendant's breath smelled of alcohol, and the defendant admitted to having one beer.
The court noted that, while the officer performed a portable breathalyzer test on the defendant, such a test was not recognized by the Ohio Department of Health.
Accordingly, the court held, without a field sobriety test, the arresting officer did not have probable cause to arrest the defendant.