2021 Ohio 753
Ohio Ct. App.2021Background
- On Sept. 5, 2018, Trooper Beyer stopped Adrian Brown’s semi on the Ohio Turnpike for speeding after laser readings of 78, 77 and 76 mph in a 70 mph zone.
- When Beyer opened the passenger door he smelled raw marijuana and observed a small marijuana bud in a can on the floorboard.
- Brown was ordered out, dressed, handcuffed, Mirandized, placed in the patrol car and held in investigative detention.
- Beyer summoned a second trooper/motor-carrier inspector, then searched the truck cab (including the sleeper area) and recovered another marijuana bud, rolling papers, and a loaded handgun under a bunk pillow.
- Brown was indicted for improper handling of a firearm in a motor vehicle, moved to suppress the gun and marijuana as fruit of an unlawful search, the trial court denied suppression, Brown pled no contest and appealed.
Issues
| Issue | Brown's Argument | State's Argument | Held |
|---|---|---|---|
| Lawfulness of the initial traffic stop | Stop was for an insignificant 6 mph over; implied challenge to stop | Trooper had lawful basis (laser readings) to stop for speeding | Stop was lawful (appellate court did not disturb it) |
| Continued detention after initial stop | Detention should have ended after ID/checks; further detention lacked reasonable suspicion | Odor of raw marijuana and visible bud gave reasonable, articulable suspicion of drug activity | Continued detention was justified by the odor and plain view of marijuana |
| Probable cause for warrantless vehicle search | Two small buds did not establish probable cause to search entire cab | Trooper, qualified by training and experience, smelled raw marijuana and saw marijuana in plain view, supplying probable cause | Probable cause existed based on the trooper’s training, experience, odor and plain view observations; warrantless search justified |
| Scope of search (sleeper/bunk area) and suppression of gun | Searching sleeper portion exceeded scope; gun is fruit of an unlawful search | Under the automobile exception, probable cause justifies searching any area that could conceal contraband | Search of entire cab (including sleeper) was justified; gun not suppressible |
Key Cases Cited
- State v. Moore, 90 Ohio St.3d 47 (the smell of marijuana by a person qualified to recognize it establishes probable cause to search a vehicle)
- United States v. Ross, 456 U.S. 798 (if probable cause justifies a vehicle search, it justifies searching every part that may conceal the object of the search)
- State v. Batchili, 865 N.E.2d 1282 (police may detain a motorist only as long as reasonably necessary for the stop; further detention requires reasonable, articulable suspicion)
- State v. Price, 986 N.E.2d 553 (odor of raw marijuana plus absence of large quantity in passenger compartment can support searching other compartments)
- State v. Woljevach, 828 N.E.2d 1015 (officer’s training/experience in detecting growing marijuana can support probable-cause findings)