Kinlin v. Kline, No. 13-3874 (6th Cir. 2014)
Annotate this CaseA video recording taken from Ohio Trooper Kline’s cruiser shows Kinlan's Nissan move into a narrow space between cars in the left lane of the four-lane street. Kline followed for about 30 seconds until its driver signaled a turn. Kline activated his lights and siren and pulled the Nissan over. Kline approached and informed Kinlin that he had nearly cut off the car behind him and had “cut left of center” before the intersection. Kline asked how much alcohol Kinlin had consumed. Kinlin answered: “two beers.” Kinlin exited the car and appeared disheveled, but not off-balance. Kline ushered Kinlin out of camera range for a field sobriety test. Kinlin said: “I’m not doing a test…. I’m not drunk.” Kline informed Kinlin that he was under arrest. Kinlin replied: “You’re kidding.” Kline said: “One more chance … take my test?” Kinlin again refused. Kline responded that he could smell alcohol and that Kinlin’s eyes were glassy. While Kline was patting him down, Kinlin agreed to submit to a test. The test, administered later, indicated a blood-alcohol content of .012%, below Ohio’s limit of .08%. Kinlin sued under 42 U.S.C. 1983. The district court found that Kline had probable cause to stop Kinlin and probable cause for arrest. The Sixth Circuit affirmed.
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