2021 Ohio 937
Ohio Ct. App.2021Background
- On July 17, 2019 an Ohio State Highway Patrol trooper observed a brown Kia Sentra with a rear plate reading Tag Applied For and initiated a traffic stop after also noting the car following too closely.
- Trooper Large approached, detected the odor of marijuana and alcohol from the vehicle, gave Miranda warnings, handcuffed and detained the driver and passenger (Bennett).
- The trooper searched the vehicle after detecting the marijuana odor, found a small amount of marijuana and a black bag containing approximately two kilo bricks of cocaine.
- A Pickaway County grand jury indicted Bennett for trafficking and possession of cocaine with forfeiture specifications; the possession count was later dismissed and Bennett pleaded no contest to trafficking.
- Bennett moved to suppress evidence from the stop and search; the trial court denied the motion and sentenced her to three to four and one-half years imprisonment; Bennett appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of traffic stop (reasonable suspicion) | Stop lawful: trooper observed improper rear plate and following too closely, supporting stop under R.C. 4503.21 | Stop unlawful: trooper lacked reasonable suspicion because initial observation (driver close to wheel) is not a violation | Court held stop lawful; improper rear plate provided reasonable suspicion to stop |
| Lawfulness of vehicle search (probable cause) | Search lawful: odor of marijuana detected by officer provided probable cause to search passenger compartment | Search unlawful: arrest for OVI or Bennett's admission to prior marijuana use alone did not justify the search | Court held search lawful; odor of marijuana gave probable cause to search passenger compartment |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (1967) (warrantless searches presumptively unreasonable absent established exceptions)
- State v. Burnside, 100 Ohio St.3d 152 (2003) (standard of appellate review for suppression rulings)
- State v. Moore, 90 Ohio St.3d 47 (2000) (smell of marijuana alone can establish probable cause to search a vehicle)
- State v. Farris, 109 Ohio St.3d 519 (2006) (odor of marijuana supports search of passenger compartment but, alone, not trunk)
- State v. Vega, 154 Ohio St.3d 569 (2018) (reaffirming odor of marijuana as probable cause for vehicle search)
- State v. Emerson, 134 Ohio St.3d 191 (2012) (Fourth Amendment and Ohio Constitution protections)
- State v. Hawkins, 158 Ohio St.3d 94 (2019) (Ohio and US constitutional protections are coextensive in felony cases)