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State v. Jacobs6/28/2000
JUDGMENT: Reversed and Remanded
Appellant State of Ohio appeals the decision of the Holmes County Court that granted Appellee Gerald Jacobs' motion to suppress. The following facts give rise to this appeal. On October 15, 1998, at approximately 11:30 p.m., Patrolman Todd Booth of the Millersburg Police Department was on routine patrol headed northbound on Washington Street. Washington Street is a state highway marked for two opposing lanes of travel with a painted centerline and edge lines. The posted speed limit on Washington Street is thirty-five miles per hour. Patrolman Booth observed what appeared to be a very wide vehicle with four headlights approaching him. Patrolman Booth noticed that the pair of headlights to his left were bouncing up and down and discovered that they belonged to a vehicle that had left the highway, entered a private parking lot, and passed another vehicle on the right. Following this observation, Patrolman Booth stopped appellee's vehicle. Patrolman Booth noticed a strong odor of alcohol as he approached appellee's vehicle. Appellee also had bloodshot eyes. Appellee informed Patrolman Booth that he had a couple of drinks and that he passed the vehicle on the right because the vehicle had cut him off. After showing clues on several field sobriety tests, Patrolman Booth placed appellee under arrest for operating a motor vehicle while under the influence of alcohol, operating a motor vehicle with a prohibited concentration of blood alcohol by breath, and passing on the right. At his arraignment, appellee entered a plea of not guilty. On November 2, 1998, appellee filed a motion to suppress on the basis that Patrolman Booth did not have probable cause to make a warrantless stop of his vehicle. On February 5, 1999, the trial court denied appellee's motion to suppress. On February 16, 1999, appellee filed a motion for reconsideration requesting that the trial court reconsider its decision overruling his motion to suppress. The trial court filed a judgment entry on April 28, 1999, and reversed its earlier decision overruling appellee's motion to suppress. The trial court relied on the case of State v. Gullett (1992), 78 Ohio App.3d 138 and found that passing on the right is insufficient cause to stop a vehicle. The State of Ohio timely filed a notice of appeal and sets forth the following assignment of error for our consideration:
I. THE TRIAL COURT ABUSED ITS DISCRETION IN GRANTING THE MOTION TO SUPPRESS, AS THE OFFICER HAD PROBABLE CAUSE TO STOP THE DEFENDANT'S VEHICLE FOR A VIOLATION OF OHIO REV. COD. SEC. 4511.28.
I.
Appellant State of Ohio maintains, in its sole assignment of error, that the trial court abused its discretion when it granted appellee's motion to suppress because Patrolman Booth had probable cause to stop appellee's vehicle. We agree. In the case sub judice, appellant contends the trial court failed to apply the correct law to the findings of fact. Under this type of review, we can reverse the trial court's decision for committing an error of law. State v. Williams (1993), 86 Ohio App.3d 37. In concluding Patrolman Booth did not have probable cause to stop appellee's vehicle, the trial court relied on the Gullett decision. However, upon review of this decision, we conclude Gullett is factually distinguishable from the matter currently before the court and the trial court erred when it granted appellee's motion to suppress. Prior to addressing appellant's assignment of error, we find it necessary to address the applicable case law concerning a stop of a motor vehicle. The trial court and Appellant State of Ohio apply a probable cause standard for a stop of a motor vehicle. However, it is well-settled law in Ohio that rea
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