Background
Steven McClairn was charged in Cleveland Municipal Court with operating a vehicle under the influence and driving at an unreasonably slow speed. A University Circle police officer stopped him after seeing him remain at a green light, brake at another green light, and move within his travel lane.
The officer initially estimated that McClairn remained stopped for about 15 seconds and crossed a marked line. Dash-camera footage and cross-examination showed an 11-second delay, no crossing of lane lines, and virtually empty streets. The municipal court granted McClairn’s motion to suppress, and the City of Cleveland appealed.
The Court’s Holding
The Eighth District affirmed. It held that the evidence did not support reasonable suspicion of either a slow-speed violation or impaired driving.
McClairn’s brief delay at the green light did not impede or block traffic, particularly because no other vehicles were on the road. His movement within his own lane, light braking, and looking around inside the vehicle likewise were not criminal conduct and did not reasonably indicate OVI. The officer observed no lane-line violation or other reckless driving.
Key Takeaways
- An 11-second delay at a green light on virtually empty streets did not support reasonable suspicion of impeding traffic.
- Weaving or minor movement within a marked lane, without crossing lane lines, does not by itself justify a traffic stop.
- Noncriminal driving observations must collectively provide specific, articulable grounds for suspicion before police may make an investigative stop.
Why It Matters
The decision reinforces that OVI stops require more than a collection of innocuous driving behaviors. Courts must assess the totality of the actual evidence, including video footage, rather than rely on an officer’s initial characterization of the driving.