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State v. Mackim

Court of Appeals of Ohio, Ninth District, Summit

August 1, 2018

STATE OF OHIO Appellee
v.
KIMBERLY MACKIM Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE BARBERTON MUNICIPAL COURT COUNTY OF SUMMIT, OHIO CASE No. 16 TRC 4025

          JOHN T. FORRISTAL, Attorney at Law, for Appellant.

          JENNIFER ROBERTS, Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          LYNNE S. CALLAHAN, JUDGE

         {¶1} Appellant, Kimberly Mackim, appeals from her conviction for operating a vehicle under the influence of alcohol ("OVI") in the Barberton Municipal Court. For the reasons set forth below, this Court reverses.

         I.

         {¶2} A New Franklin patrolman ("the Officer") responded to a call from a gas station owner regarding a woman, Ms. Mackim, who was asleep in the driver's seat of a truck parked in the gas station parking lot. After briefly questioning Ms. Mackim, the officer administered field sobriety tests to her and subsequently arrested her for OVI pursuant to R.C. 4511.19(A)(1)(a).

         {¶3} Ms. Mackim filed a motion to suppress and a hearing was held. Ms. Mackim challenged the following: 1) the Officer's initial contact with Ms. Mackim as being a community caretaking function, 2) the Officer's compliance with the NHTSA standards in administering the field sobriety tests, 3) the Officer's reasonable suspicion to detain her to administer the field sobriety tests, and 4) the Officer's probable cause to arrest her. At the conclusion of the hearing, the trial court took the matter under advisement and permitted the parties to file post-hearing briefs.

         {¶4} On the record at a pre-jury conference, the trial court orally granted Ms. Mackim's motion to suppress the field sobriety test results and the Officer's expert opinions regarding Ms. Mackim's impairment based on the test results. The trial court denied the remainder of Ms. Mackim's motion to suppress. The trial court did not journalize the suppression decision. Ms. Mackim proceeded to a jury trial and was found guilty of OVI.

         {¶5} Ms. Mackim has timely appealed her conviction and raises three assignments of error.

         II.

         ASSIGNMENT OF ERROR NO. 1

         THE TRIAL COURT ERRED WHEN IT DENIED, IN PART, [MS. MACKIM'S] MOTION TO SUPPRESS.

         {¶6} Ms. Mackim asserts that the trial court erred in denying her motion to suppress by finding that the Officer engaged in a community caretaking encounter, by finding that the Officer had reasonable suspicion to detain her and to administer field sobriety tests, and by finding that the Officer had probable cause to arrest her. To the extent that Ms. Mackim argues that the initial encounter exceeded the scope of ...


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