OH11: Lack of findings of fact and conclusions of law on suppression ruling requires reversal

Lack of findings of fact and conclusions of law requires reversal. “While it is error for the trial court to fail in providing requested findings of fact, it is not prejudicial where the record provides an appellate court with a sufficient basis to review the assignments of error. Even when findings of fact are not requested, failure to provide them may still be considered reversible error when the record is not sufficient to facilitate appellate review.” State v. Shine, 2016-Ohio-3123, 2016 Ohio App. LEXIS 1964 (11th Dist. May 23, 2016).*

The officer had 16 years experience and had smelled marijuana at least 100 times on the job, so he was credited that he could smell it here coming from defendant’s car. That was probable cause. State v. Fields, 2016-Ohio-3127, 2016 Ohio App. LEXIS 1973 (5th Dist. May 23, 2016).*

Defendant’s stop was based on a citizen informant, and defendant was apparently under the influence, and that supported a FST. State v. Scranton, 2016-Ohio-3128, 2016 Ohio App. LEXIS 1974 (5th Dist. May 23, 2016).*