State v. Eversole

Citations

• 2017 Ohio 8436

Syllabus

The trial court erred by denying the defendant-appellant's motion to suppress evidence because there is no competent, credible evidence in the record providing an evidentiary basis to search the defendant-appellant's vehicle incident to her arrest for operating a motor vehicle while under the influence of alcohol or drugs (\OVI\) under Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710 (2009). There is no competent, credible evidence in the record that the State met its burden of proving that law enforcement had reason to believe, based on common-sense factors and the totality of the circumstances, that evidence of the defendant-appellant's OVI arrest was inside her vehicle.