N. Ridgeville v. Popovich, Unpublished Decision (9-29-2006)
N. Ridgeville v. Popovich, Unpublished Decision (9-29-2006)
Opinion of the Court
{¶ 3} Appellant then timely appealed her conviction to this Court, setting forth one assignment of error for review.
{¶ 4} While appellant sets forth one assignment of error, she actually makes two arguments. First, appellant argues that the extraterritorial traffic stop and arrest constituted a constitutional violation. Second, appellant argues that the Elyria Municipal Court lacked jurisdiction over the present matter. This Court disagrees.
{¶ 5} R.C.
"A sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, township constable, police officer of a township or joint township police district * * * shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the political subdivision * * * in which the peace officer is appointed, employed, or elected, a law of this state, an ordinance of a municipal corporation, or a resolution of a township."
{¶ 6} When determining whether an extraterritorial stop triggers the exclusionary rule, a court must determine, under the totality of the circumstances, whether the statutory violation rises to the level of a constitutional violation, i.e., whether the police officer had reasonable suspicion to stop and sufficient probable cause to arrest appellant. State v.Weideman,
{¶ 7} Presented with the same issue in Maumee v. Weisner
(1999),
{¶ 8} In the present matter, the "tip" or information relied upon by Officer Moore was the dispatch regarding Marilyn Hurst's phone call regarding the driver whom she observed driving erratically while in North Ridgeville.
{¶ 9} At the suppression hearing, Marilyn Hurst testified that as she was traveling on I-480 on November 14, 2004, she observed a driver driving erratically and called 911 to report it. Ms. Hurst stated that she was patched through to the North Olmstead Police Department. Ms. Hurst stated that she gave the dispatcher the license plate number and the make, model, and color of the car that she was observing. Ms. Hurst testified that she observed the driver of the vehicle in question driving erratically while in North Ridgeville. Specifically, Ms. Hurst stated that she observed the vehicle in front of her speed up behind another vehicle as if the driver did not even see the vehicle and almost hit the vehicle while in North Ridgeville. The fact that Ms. Hurst identified herself, stayed on the phone line with dispatch, followed the vehicle and provided information such as the license plate of the vehicle being driven by appellant gave the officer sufficient indicia of reliability. Maumee,
{¶ 10} Officer Donald Moore of the City of North Ridgeville Police Department testified that on November 14, 2004, he received a call from dispatch regarding a driver operating a vehicle erratically in North Olmstead and approaching North Ridgeville. Officer Moore testified that his probable cause for the stop was the phone and radio transmission. He further testified that he observed appellant driving slowly, weaving within her lane and parking erratically, but not within his jurisdiction.
{¶ 11} Based upon the testimony presented at the suppression hearing, this Court finds that there was no constitutional violation because reasonable suspicion existed to make the initial stop.
{¶ 12} Appellant also argues that the Elyria Municipal Court lacked jurisdiction over the present matter. This Court disagrees.
{¶ 13} In North Ridgeville v. Stack, 9th Dist. No. 05CA008759,
"The Municipal Court is a creature of statute and a court of limited jurisdiction. The jurisdictional powers conferred upon it are by statute * * *. Such power must be strictly construed."Markline Neon Sign Co. v. Smith (1963),
In the present matter, appellant was charged with violating North Ridgeville Codified Ordinances 434.01A8 and 434.01A1 while operating a motor vehicle on I-480 located in North Ridgeville.
{¶ 14} In this case, appellant engaged in a continuing course of conduct by operating a motor vehicle erratically from North Ridgeville in Lorain County into Olmstead Township in Cuyahoga County. This Court finds there was uncontested evidence that appellant was driving erratically in North Ridgeville. Because North Ridgeville falls within the jurisdiction of the Elyria Municipal Court, this evidence clearly established jurisdiction in the Elyria Municipal Court for the offense of driving under the influence.
{¶ 15} This Court finds appellant's arguments to be without merit and her sole assignment of error is overruled.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Elyria Municipal Court, County of Lorain, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to appellant.
Slaby, P.J. Moore, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.