State v. Brunk
2021 Ohio 4270
| Ohio Ct. App. | 2021Background
- Appellant Joseph Brunk was indicted for one count of possession of a fentanyl-related compound (fifth-degree felony).
- On October 12, 2020, an officer observed Brunk leave a known drug residence, enter his car, turn onto a narrow street (Gray Court), and immediately stop blocking the roadway.
- The officer contacted Brunk, smelled raw marijuana, had Brunk exit the vehicle, and observed a small baggie on the floor later identified as containing fentanyl.
- Brunk moved to suppress the evidence; the trial court denied suppression. Brunk entered a no-contest plea (though the sentencing entry mistakenly recorded it as a guilty plea) and was sentenced to six months.
- On appeal, Brunk challenged (1) the clerical error labeling his plea as guilty, and (2) the denial of his motion to suppress, arguing the stop and search were unlawful. The appellate court corrected the plea entry and affirmed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court clerically mischaracterized Brunk's plea | State conceded Brunk entered no-contest and the guilty notation was erroneous | Brunk argued the record should reflect a no-contest plea, not guilty | Sustained — remanded for nunc pro tunc correction to reflect no-contest plea |
| Whether the traffic stop and ensuing vehicle search were unlawful | Stop was lawful because Brunk blocked roadway (ordinance violation); officer’s detection of marijuana odor gave probable cause to search | Stop and search were illegal; suppression should have been granted | Overruled — stop justified as a traffic/parking violation and smell of marijuana provided probable cause for the search |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (established constitutional framework for stops and limited searches)
- Whren v. United States, 517 U.S. 806 (1996) (traffic offenses justify stops even if pretextual)
- State v. Moore, 90 Ohio St.3d 47 (2000) (odor of marijuana by a qualified officer supplies probable cause to search)
- State v. Brooks, 75 Ohio St.3d 148 (1996) (trial court is factfinder in suppression hearings; appellate courts defer to factual findings)