COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 67422 STATE OF OHIO : CLEVELAND METROPOLITAN PARK : : PLAINTIFF-APPELLEE : JOURNAL ENTRY : v. : AND : : OPINION ROBERT MIHU : : : DEFENDANT-APPELLANT : DATE OF ANNOUNCEMENT OF DECISION: APRIL 6, 1995 CHARACTER OF PROCEEDING: Criminal appeal from Berea Municipal Court, Case No. 93 TRC 3411-01. JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-appellee: Dennis F. Butler, Prosecutor Cleveland Metropolitan Park District Butler, Clarke, Feighan & Hyland 900 Terminal Tower Cleveland, Ohio 44113 For Defendant-appellant: Bryan K. Ramsey, Esq. 13451 Pearl Road Strongsville, Ohio 44136 - 2 - SWEENEY, JAMES D., P.J.: Defendant-appellant Robert Mihu appeals his conviction for having a concentration of more than ten-hundredths of one percent by weight of alcohol in his blood, in violation of R.C. 4511.19(A)(3). A fine of $500.00 was imposed, and the appellant was sentenced to a term of incarceration of one year. All but three days were suspended. The appellant was placed on probation for one year and ordered to attend drunk driving school. Although the appellant's driver's license was suspended for 90 days, a stay was issued pending appeal. On August 27, 1994, at approximately 2:20 a.m., Ranger Terrance Bernath of the Cleveland Metropolitan Park District was in a marked vehicle in the southbound lane of Big Creek Parkway, and had stopped for the traffic signal at the intersection of Bagley Road. The appellant was operating his vehicle westbound on Bagley Road in the City of Middleburg Heights, Ohio, and passed through the intersection in front of Ranger Bernath. The appellant had neglected to turn on either the headlights or parking lights on his vehicle. As the appellant drove through the intersection, Ranger Bernath pulled out behind him and activated his lights. The appellant immediately pulled into the right curb lane, and slowed his vehicle. After approximately 200 feet, the appellant made a right-hand turn into the Middleburg Heights Police Station. As Ranger Bernath approached the vehicle, the appellant rolled down - 3 - his window. A strong odor of alcohol was detected by Ranger Bernath, and he observed the appellant fumble with his wallet in order to locate his driver's license. The appellant was informed of the reason for the stop, and then advised that field sobriety tests would be given. As a result of the various tests, Ranger Bernath determined that the appellant was under the influence of alcohol, and placed him under arrest. Prior to trial, the appellant filed a motion to dismiss and the appellee filed a brief in opposition. A supplemental motion to dismiss/suppress was filed by the appellant, and the trial court held a hearing on the motions. The appellant argued that Bagley Road was not within Ranger Bernath's jurisdiction, and that he was therefore prohibited from arresting the appellant without a warrant. Subsequent to the hearing, the court denied the motions, and issued findings of fact and conclusions of law. The court determined: 2. Big Creek Parkway runs north and south and abuts Bagley Road forming an intersection and lies within the MetroPark district. The MetroPark property ends at the boundary of Bagley Road and begins again on the other side of Bagley Road. 5. The issue in dispute was whether the Ranger had the jurisdiction and authority to stop and arrest and whether or not he needed a warrant to make the arrest. 6. Section 1545.13 R.C. gives authority to Park Rangers over lands adjacent to Park property. The court finds the Ranger had jurisdiction to pursue, cite and arrest under the facts of this case. - 4 - The appellant sets forth two assignments of error: THE TRIAL COURT ERRORED (SIC) AS A MATTER OF LAW AND ABUSED IT'S DISCRETION IN DENYING DEFENDANT'S MOTION TO DISMISS ON THE BASIS THAT THE STATE OF OHIO/CLEVELAND METROPOLITAN PARK DISTRICT HAD JURISDICTION TO MAKE A D.U.I./B.A.C., ARREST OF DEFENDANT/APPELLANT OUTSIDE THEIR JURIDICTIONAL (SIC) AREA WHEN IN FACT THE STATE OF OHIO/CLEVELAND METROPOLITAN PARK DISTRICT DOES NOT HAVE AUTHORITY TO MAKE AN D.U.I./B.A.C. ARREST OF DEFENDANT/APPELLANT OUTSIDE THEIR JURISDICTIONAL TERRITORY WHEN THE OFFENSES ALLEGED WERE NOT COMMITTED WITHIN THE JURISDICTIONAL BOUNDARIES OF PLAINTIFF/APPELLEE AND THERE WAS NO INITIAL PURSUIT OF DEFENDANT/APPELLANT WITHIN THE PLAINTIFF/APPELLEE'S JURISDICTION, AND ERRED IN ABUSING IT'S DISCRETION IN NOT RULING ON A MOTION TO TAKE JUDICIAL NOTICE OF THE JURISDICTIONAL BOUNDARIES OF THE CLEVELAND METROPOLITAN PARK DISTRICT. THE TRIAL COURT ERRED AS A MATTER OF LAW AND ABUSED IT'S DISCRETION IN DENYING DEFENDANT'S SUPPLEMENTAL MOTION TO DISMISS THE D.U.I./B.A.C. AND IMPROPER LIGHTS COMPLAINT'S (SIC) AGAINST DEFENDANT/APPELLANT WHEN THE TRIAL COURT DENIED DEFENDANT'S SUPPLEMENTAL MOTION TO DISMISS WHEN THE DEFENDANT WAS CITED AND ARRESTED FOR D.U.I./B.A.C. REVISED CODE 4511.19(A)(1) AND 4511.19(A)(3) AND IMPROPER LIGHTS 4513.03 WITHOUT AN ARREST WARRANT IN AN EXTRATERRITORIAL ARREST COMMITTED BY THE PLAINTIFF/APPELLEE OUTSIDE IT'S JURIDISDICTION (SIC) WHERE THE STOP WAS COMMITTED OUTSIDE THE PLAINTIFF/APPELLEE CLEVELAND METROPOLITAN PARKS DISTRICT RANGER'S JURISDICTION AND WHERE THERE WAS NO PURSUIT INITIATED BY THE PLAINTIFF/APPELLEE'S CLEVELAND METROPOLITAN PARKS DISTRICT'S RANGER WITHIN HIS OWN JURISDICTION, AND WHERE THE INITIAL STOP WAS COMMITTED OUTSIDE THE PLAINTIFF/APPELLEE'S CLEVELAND METROPOLITAN PARK DISTRICT RANGER'S JURISDICTION, AND THE PROBABLE CAUSE WAS ESTABLISHED FOR THE D.U.I./B.A.C. ARREST OUTSIDE THE PLAINTIFF/APPELLEE'S CLEVELAND METROPOLITAN PARKS DISTRICT RANGER'S JURISDICTION AND THEIR (SIC) WAS NO PURSUIT - 5 - INITIATED WITHIN THE CLEVELAND METROPOLITAN DISTRICT'S JURISDICTION. The appellant presents the same arguments on appeal as were presented to, and overruled by, the trial court. The appellant posits that the Ranger did not initiate the pursuit of the appellant within his jurisdiction; did not obtain an arrest warrant; and did not allow the proper authorities to make the arrest. The appellant argues that even if the stop were proper, the arrest pursuant to R.C. 4511.19(A)(3) was improper since the appellant's sobriety was not in question until after the stop. In the second assignment of error, the appellant argues that the Ranger was outside of his jurisdictional boundaries, and pursuant to R.C. 2933.03(D) needed a warrant to arrest the appellant. As noted by the appellee, the legislature has granted police powers to the Boards of Park Commissioners under R.C. 1545 et seq. Specifically R.C. 1545.13 states: The employees that the board of park commissioners designates for that purpose may exercise all the powers of police officers within and adjacent to the lands under the jurisdiction and control of the board or when acting as authorized by section 1545.131[1545.13.1] or 1545.132[1545.13.2] of the Revised Code. In Cleveland Metro. Park Dist. v. Sandler (1991), 72 Ohio App.3d 617, this court determined that the area fifteen hundred to two thousand feet from the Cleveland Metroparks was within the meaning of "adjacent" as set forth in Black's Law Dictionary (5 Ed.Rev. 1979) 38. - 6 - In the case sub judice, Ranger Bernath observed the culpable conduct as the appellant drove right before him, and then effectuated an arrest within two hundred yards of the park territory. The trial court found that the Ranger had the authority to pursue, cite and arrest under the facts of this case. The appellant has cited nothing to show the trial court was in error. Since the site of the stop was adjacent to the park lands, and therefore within the Ranger's jurisdiction, no warrant was necessary, and the Ranger was not required to wait upon a Middleburg Heights Police officer to place the appellant under arrest. Likewise, Ranger Bernath had probable cause to stop the appellant for driving without lights, and once he noticed that the appellant might be intoxicated, properly conducted the field sobriety tests. The appellant's assignments of error are overruled. Judgment affirmed. - 7 - It is ordered that appellee recover of appellant its costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Berea Municipal Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JAMES M. PORTER, J., and TERRENCE O'DONNELL, J., CONCUR. JAMES D. SWEENEY PRESIDING JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announcement of decision (see Rule 26). Ten (10) days from the date hereof this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .