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Description: London, Ohio criminal defense lawyer represented defendant charged with obstructing official business and resisting arrest.


{¶2} While patrolling on October 4, 2018, Plain City Police Officer Joshua Hertzinger, sighted a motorized "dirt bike" traveling at a high rate of speed down a

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residential street. Officer Hertzinger was personally familiar with both the vehicle and the suspected driver. Rather than affect a traffic stop, Officer Hertzinger drove directly to appellant's residence, where he believed the driver lived. Upon arriving and exiting his vehicle, he saw "a young man" in the fenced backyard wearing a helmet and "full gear" attempting to cover a dirt bike with a tarp. The individual and the dirt bike matched both the suspect and the bike he had just seen. He ordered the suspect to stop, but the suspect fled "into what appeared to be the house in the back."

{¶3} Officer Hertzinger ran through the gate and behind the house and knocked on the back door. He later testified that the gate to the chain link fence surrounding the backyard of the residence was open. Appellant answered the door, and when asked where her son was, she responded that she had not seen him that day. Officer Hertzinger then called for a tow truck and began to remove the dirt bike from the property. Appellant approached him and told him he could not remove the dirt bike. When he attempted to remove the dirt bike, appellant stood in his way. Sergeant Darren Prather, who was also present, warned appellant that she would be arrested for obstruction of justice. When she refused to move, he grabbed her arm and attempted to handcuff her. Appellant repeatedly pulled her arm away before Sergeant Prather was able to handcuff her and place her under arrest.

{¶4} Appellant was charged with one count of obstructing official business in violation of R.C. 2921.31 (A) and one count of resisting arrest in violation of R.C. 2921.33(A). Both offenses are misdemeanors of the second degree. Following discovery, appellant filed a motion to suppress "evidence gathered from an unlawful entry onto [appellant's] property and an unconstitutional detention of her person." After briefing by both parties, the trial court held a suppression hearing. Officer Hertzinger was the sole witness called to testify at that hearing. The trial court then ordered additional briefing from the parties. On

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December 8, 2019, the trial court denied appellant's motion to suppress.

{¶5} The matter proceeded to trial. At trial, Officer Hertzinger and Sergeant Prather testified for the state. Appellant, and her husband, Jeremy Fields, testified for the defense. The jury found appellant guilty of both counts. The trial court sentenced her to 90 days in jail and a $250.00 fine for obstruction of official business, and 90 days in jail for resisting arrest, with the sentences to run concurrently. The sentences were suspended, and appellant was placed on probation for one year. Appellant timely appeals, raising the following two assignments of error.

Outcome: Affirmed.

Plaintiff's Experts:

Defendant's Experts:

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