2019 Ohio 4159
Ohio Ct. App.2019Background
- Juvenile appellant O.N. was stopped after officers observed a pickup commit multiple turn-signal violations; the passenger (O.N.) ducked toward the floorboard when the officer activated his siren.
- An officer smelled marijuana emanating from the vehicle while speaking with the driver; the driver admitted to having marijuana.
- Officers searched the truck; they found a loaded Beretta handgun under the passenger seat and arrested O.N., who admitted placing the weapon there and saying he found it on the street to sell.
- Police recovered a "drug bag" at the scene containing 2.99 grams of marijuana and a scale.
- A juvenile court adjudicated O.N. delinquent for improper handling of a firearm in a motor vehicle and carrying a concealed weapon and imposed community-control sanctions.
- O.N. appealed, claiming ineffective assistance of counsel for failing to file a motion to suppress evidence, arguing the odor of marijuana alone could not justify the search because no marijuana was shown to have been in the vehicle at the time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not moving to suppress evidence | O.N.: Counsel breached duty by not filing suppression motion; odor alone insufficient absent proof of marijuana in vehicle | State: Failure to move was not prejudicial because a suppression motion would have failed; stop and search were lawful | No ineffective assistance; failure to file suppression motion not reversible here because search was lawful |
| Whether the stop and warrantless vehicle search were lawful | O.N.: Smell of marijuana cannot justify search without corroborating evidence of marijuana in the vehicle | State: Traffic violation and passenger's furtive movement justified stop; qualified officer's detection of marijuana odor provided probable cause under Moore | Stop valid; odor alone suffices to establish probable cause to search motor vehicle; firearm admissible |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard; performance and prejudice prongs)
- Delaware v. Prouse, 440 U.S. 648 (traffic stop is a seizure implicating Fourth Amendment)
- Dayton v. Erickson, 76 Ohio St.3d 3 (officer may stop vehicle for a traffic violation observed in the officer’s presence)
- State v. Moore, 90 Ohio St.3d 47 (odor of marijuana, by a person qualified to recognize it, alone supplies probable cause to search a vehicle)
- State v. Madrigal, 87 Ohio St.3d 378 (failure to file suppression motion is not per se ineffective assistance)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio articulation of Strickland prejudice requirement)