Recent Changes or Developments in Ohio Criminal Defense Law

AREA OF LAW:  OVI, DUI, Reasonable Suspicion 

Case Name: State v. Javan L. Yoder

Decided: August 10, 2009

Case Issue: A reliable tip by a citizen constitutes reasonable suspicion that a person may be drinking and driving.

Facts: On January 18, 2008, a citizen-informant observed the defendant urinate in a parking lot, stagger toward the driver side door of his vehicle, and the drive away. The citizen contacted the police and advised that defendant appeared to be driving drunk. He provided police with a description of the vehicle and the defendant's license plate. The citizen then followed defendant's vehicle and waited for police to arrive. The police arrived shortly thereafter and pulled defendant over without ever witnessing any poor driving. The traffic stop was based entirely on the citizen's tip to police. Police then performed field sobriety tests on defendant and then arrested him for drunk driving. Defendant was subsequently convicted of OVI.

On appeal, defendant argued that the OVI conviction should be reversed because police never witnessed any signs of defendant's driving that would create reasonable suspicion of drunk driving. The court of appeals held that the "informant was an identified citizen who based his knowledge of the facts he described upon his own observations as the events occurred. As a result, his tip merits a high degree of credibility and value, rendering it sufficient to withstand the Fourth Amendment challenge without independent police corroboration".

Significance: This case is important because the tip of a reliable citizen who believes that someone may be driving drunk, can create reasonable suspicion for police to pull someone over even when police never witness the person driving.

Columbus Ohio criminal defense attorney Michael Probst provides aggressive legal representation throughout Central Ohio.  If you are being investigated, or have been charged with a felony or misdemeanor contact us today, or call toll free at (866) 491-5517.