State of West Virginia v. Amanda Kay Ott, 16-0892

Police responded to a reported firearms discharge/fireworks at a trailer park; Corporal Russell Garrett investigated.
On the porch of Amanda Ott’s trailer, Garrett smelled burned marijuana; smell intensified when the door opened.
Garrett heard and recognized the voice of Lawrence Vincent inside; he stepped into the doorway to prevent destruction of evidence and asked about marijuana in the residence.
Vincent pointed to marijuana in plain view (mason jar, multiple baggies). Officers detained occupants, sought and obtained a search warrant, and then conducted a full search.
Items seized included small bagged marijuana, prescription pills (later linked to Ott), a digital scale, and cash; Ott admitted selling buprenorphine and was indicted for possession with intent to deliver.
Ott moved to suppress, arguing unlawful entry and lack of probable cause/exigent circumstances; the circuit court denied suppression and Ott entered a conditional guilty plea reserving the suppression issue for appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the entry/observation and subsequent search unlawful such that suppression was required?	State: Officers reasonably acted on probable cause from odor and plain-view items; securing the home to prevent destruction while obtaining a warrant is lawful.	Ott: Officers ‘‘barged into’’ the home without a warrant or exigent circumstances; entry exceeded a protective sweep and tainted the warrant.	Court affirmed: odor of burned marijuana and plain-view observation provided probable cause; brief entry to prevent destruction was reasonable and did not require suppression.

State v. Head, 198 W. Va. 298, 480 S.E.2d 507 (procedural standards for appellate review of factual/legal findings)
State v. Georgius, 225 W. Va. 716, 696 S.E.2d 18 (standard of review principles)
State v. Lacy, 196 W. Va. 104, 468 S.E.2d 719 (deference to circuit court findings on suppression; reasonable-belief analysis)
State v. White, 228 W. Va. 530, 722 S.E.2d 566 (review standard for suppression rulings)
State v. Bookheimer, 221 W. Va. 720, 656 S.E.2d 471 (review of reasonableness of searches)
State v. Kimble, 233 W. Va. 428, 759 S.E.2d 171 (warrantless-search exceptions and exigency categories)
Segura v. United States, 468 U.S. 796 (securing a dwelling to preserve evidence while obtaining a warrant is not an unreasonable seizure)
State v. Flippo, 212 W. Va. 560, 575 S.E.2d 170 (inevitable discovery rule)
State v. Craft, 165 W. Va. 741, 272 S.E.2d 46 (protecting residences from warrantless entry absent exigency)