2017 Ohio 2880
Ohio Ct. App.2017Background
- At a March 17, 2016 OVI sobriety checkpoint in Montgomery County, officers stopped every car; Toby Brown’s vehicle was detained at station three around 10:30 p.m.
- Officer Wright and Deputies Poulton and Egloff testified they detected the odor of burnt marijuana when interacting with Brown’s car.
- Officers observed Brown drop a cell-phone charger, bend as if to pick it up, then flee on foot; he was later apprehended, handcuffed, and placed in a cruiser.
- After Brown was moved between patrol cars, suspected illegal narcotics were found on the seat where he had been sitting.
- Brown was indicted for cocaine possession and moved to suppress evidence discovered after officers ordered him out of the vehicle; the trial court granted the motion, ruling the order to exit lacked legal basis.
- The State appealed, arguing the odor of marijuana justified ordering Brown out of the car and consequent search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers could lawfully order driver out of vehicle at a sobriety checkpoint after smelling marijuana | Smell of marijuana from car provides probable cause to remove driver and search vehicle | Smell alone (without signs of impairment or strong/fresh odor on person) did not justify ordering Brown out; checkpoint context differs from ordinary traffic stop | Court reversed: odor of marijuana from legally stopped vehicle supplies probable cause to detain/exit driver and search vehicle |
Key Cases Cited
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (police authority to order driver out of vehicle during traffic stop)
- State v. Moore, 90 Ohio St.3d 47 (2000) (smell of marijuana alone by a qualified person establishes probable cause to search a vehicle)
- State v. Farris, 109 Ohio St.3d 519 (2006) (applying Moore: even a light odor of burnt marijuana justified extended detention and search)