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State v. Taylor11/14/2005
DECISION AND JUDGMENT ENTRY
{ } Tonya M. Taylor ("Appellant") appeals her conviction in the Circleville Municipal Court for operating a motor vehicle under the influence of alcohol ("OMVI") in violation of R.C. 4511.19(A)(3).
Appellant contends the trial court erred in failing to suppress the results of her alcohol blood test; she alleges that the search warrant permitting the test was issued under conditions violative of the Fourth and Fourteenth Amendments of the United States and Ohio Constitutions. Specifically, Appellant contends that the search warrant is invalid because it was not issued by a neutral and detached magistrate. Because we find that the issuing judge was neutral and detached, and had not wholly abandoned his judicial role, we affirm the judgment of the trial court.
{ } On March 28, 2003, Trooper Caplinger (Trooper) of the Ohio State Highway Patrol observed Appellant operating a motor vehicle traveling at a speed in excess of the posted speed limit on U.S. Route 23 in Pickaway County. He also noted that Appellant's vehicle was weaving within its own lane of travel and almost ran a red light. Upon stopping her vehicle, the Trooper made contact and observed signs that Appellant was under the influence of alcohol, including an odor of alcoholic beverage on or about her person and bloodshot, glassy eyes. He then asked Appellant to perform the standard field sobriety tests and ultimately came to the conclusion she was under the influence of alcohol and placed her under arrest for operating a vehicle under the influence in violation of R.C. 4511.19(A)(1). Appellant was transported to the Circleville Police Department, where she reviewed Ohio Bureau of Motor Vehicles Implied Consent Form 2255. Appellant refused to submit to a chemical analysis of her urine.
{ } The Circleville Municipal Court has developed a protocol for the issuance of a search warrant for the seizure of blood samples for forensic analysis in cases in which the offender refuses a chemical test and the offense involves an injury or fatal crash, evidence of Schedule 1 or Schedule 2 drugs, serious property damage, or a repeat impaired driving offender. Because Appellant had two prior convictions for operating a motor vehicle while under the influence, she was advised that pursuant to Circleville Municipal Court protocol, a search warrant would be obtained to collect a sample of her blood. Appellant was subsequently transported to Berger Hospital for such testing. At this time, Judge Adkins of the Circleville Municipal Court was contacted so that he could issue a search warrant upon the determination of probable cause for the search.
{ } Pursuant to the court's standard procedure for issuing such a search warrant, Judge Adkins traveled to the hospital and reviewed the facts of the case with the Trooper at the nurses' station, outside of the presence of Appellant. After obtaining the necessary background information and determining that probable cause existed for the issuance of a search warrant, Judge Adkins completed the Application for Emergency Search Warrant Affidavit, to which Trooper Caplinger signed and swore.
{ } Based on this affidavit, Judge Adkins issued a search warrant to Berger Hospital system, its agents, and employees to cause the search and seizure of Appellant to obtain a blood sample for analysis. Pursuant to the search warrant, a phlebotomist obtained a blood sample from Appellant using a sealed specimen kit provided by the Ohio State Highway Patrol. After being properly sealed and labeled, the blood specimen was sent to the Ohio State Highway Patrol Lab for testing. The results of the test indicated that Appellant's blood alcohol level was 0.
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