State v. Abbuhl, 2011 Ohio 6550

Abbuhl, passenger in a car stopped by Newcomerstown police on Jan. 25, 2010, where odor of marijuana was detected.
Driver granted consent to search; officer searched the vehicle and detected burned marijuana odor.
Abbuhl was instructed to leave her purse in the car; officers searched the purse and found marijuana pre-rolled, baggies, and scales.
Abbuhl was indicted for trafficking in drugs; suppression motion filed Sept. 29, 2010; suppression hearing held Oct. 25, 2010.
Trial court denied suppression Jan. 25, 2011; Abbuhl pleaded no contest Jan. 31, 2011; convicted and sentenced March 16, 2011.
Appellant challenges the purse search as unconstitutional under the Fourth Amendment and Article I, Section 14.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the purse search violated the Fourth Amendment/Article I, Section 14	Abbuhl	Abbuhl	Search upheld; probable cause to search vehicle included purse

Ornelas v. United States, 517 U.S. 690 (1996) (probable cause/reasonable-suspicion standards reviewed de novo)
State v. Moore, 90 Ohio St.3d 47 (2000) (odor of marijuana by qualified officer establishes probable cause)
U.S. v. Ross, 456 U.S. 798 (1982) (vehicle search with probable cause may extend to entire vehicle)
Wyoming v. Houghten, 526 U.S. 295 (1999) (passenger belongings in a vehicle may be inspected if capable of concealing evidence)
State v. Mercier, 117 Ohio St.3d 1243 (2008) (specific Ohio reliance on purse/vehicle search under probable cause)
State v. Latona, 2011-Ohio-1253 (2011) (odor of marijuana supports probable cause to search related vehicle)
State v. Curry, 95 Ohio App.3d 93 (1994) (framework for reviewing suppression rulings)
State v. Claytor, 85 Ohio App.3d 623 (1993) (analysis of suppression issues and standards)
State v. Guysinger, 86 Ohio App.3d 592 (1993) (appellate review of suppression decision)