State v. Burgin, 2013 Ohio 4261

Trooper stopped Burgin for following too closely on the Ohio Turnpike; one passenger, Green, moved in car and the car pulled onto the berm.
Trooper conducted a brief pat-down of Burgin and detained him in the patrol car after the stop.
Smell of burnt marijuana emanated from the car as Trooper spoke with Green on the passenger side.
A search of the front passenger area revealed marijuana, a marijuana pipe, a backpack with Adderall and a scale; trunk contained a FoodSaver machine and bags of marijuana.
Burgin moved to suppress the evidence as fruit of an unlawful search; trial court denied the motion, Burgin was convicted on all counts.
Burgin appeals, arguing the stop, detainment, and searches violated the Fourth Amendment; the court affirms denial of suppression and upholds the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the traffic stop valid and the detention lawful?	Burgin contends the stop/detention violated the Fourth Amendment.	Burgin argues improper extension of detention and unlawful seizure during stop.	Detention permissible under Terry; stop lawful; any seizure in cruiser did not taint the evidence
Was there probable cause to search the passenger compartment based on odor of marijuana?	Odor alone cannot justify search without proper basis.	Odor of burnt marijuana plus other factors created probable cause for an automobile search.	Probable cause supported by total circumstances, including odor and behavior; automobile exception applied
Was the trunk search permissible after discovering contraband in the passenger area?	No basis to extend search to the trunk after passenger-area contraband found.	Trunk search justified under automobile exception following discovery in passenger area.	Trunk search permissible under automobile exception; Jones cited

State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (critical standard for reviewing suppression findings)
State v. Hobbs, 133 Ohio St.3d 43 (2012-Ohio-3886) ( Burnside framework applied)
State v. Kessler, 53 Ohio St.2d 204 (1978) (exclusion of evidence for unlawful searches)
Mapp v. Ohio, 367 U.S. 643 (1961) (exclusionary rule for searches and seizures)
Delaware v. Prouse, 440 U.S. 648 (1979) (limits on random traffic stops; necessity of reasonable suspicion)
Terry v. Ohio, 392 U.S. 1 (1968) (reasonable suspicion required to justify stop)
Florida v. Royer, 460 U.S. 491 (1983) (scope of stops and detentions; fishing expeditions guarded)
State v. Steen, 9th Dist. Summit No. 21871 (2004-Ohio-2369) (odor of marijuana can support probable cause for search)
State v. Garcia, 32 Ohio App.3d 38 (9th Dist.1986) (odor of marijuana supports search under automobile exception)
State v. Jones, 9th Dist. Lorain No. 12CA010270 (2013-Ohio-2375) (odor-based probable cause to search passenger compartment)
State v. Delossantos, 9th Dist. Lorain No. 11CA009951 (2012-Ohio-1383) (validation of passenger-side questioning during lawful stop)