2012 Ohio 3836
Ohio Ct. App.2012Background
- Butcher was passenger in a vehicle stopped for a traffic violation on State Route 550 at ~2:45 a.m. (Sept. 19, 2010).
- Sgt. McDonald observed alleged marijuana residue on Butcher’s shirt with a flashlight from outside the car.
- Butcher was ordered out and patted down; no weapons found; marijuana residue observed as Sgt. McDonald searched the shirt.
- Butcher’s pockets were emptied, revealing crack cocaine; a baggie of marijuana fell to the ground.
- Butcher moved to suppress the evidence obtained from the search of his person; trial court granted suppression.
- The state appeals, arguing plain-view and exigent-circumstances exceptions justified the warrantless search; the trial court’s ruling on probable cause is reviewed de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plain-view marijuana residue supported probable cause | Butcher’s shirt residue was in plain view. | The evidence did not establish probable cause from plain view. | Yes; plain view established probable cause. |
| Whether exigent circumstances justified a warrantless search | Exigent circumstances existed to prevent destruction of contraband. | No exigent circumstances; warrant required. | Yes; exigent circumstances justified the search. |
| Whether viewing marijuana residue or its description was sufficiently unique or reliable | Observation described as marijuana residue based on experience. | Observation lacked sufficient particularity/unique identification. | Court found the observation sufficiently tied to criminal activity and thus probative. |
Key Cases Cited
- State v. Moore, 90 Ohio St.3d 47 (Ohio 2000) (probable cause and exigent circumstances framework for warrantless searches)
- State v. Halczyszak, 25 Ohio St.3d 301 (Ohio 1986) (plain-view justification requires probable cause tying object to criminal activity)
- State v. Pounds, 2d Dist. No. 21257, 2006-Ohio-3040 (Ohio 2006) (probable cause in plain-view when officer’s experience links residue to drugs)
- Maryland v. Wilson, 519 U.S. 408 (U.S. 1997) (police may order occupants out of a vehicle during a traffic stop)
- State v. Moore, 90 Ohio St.3d 47 (Ohio 2000) (reiteration of Fourth Amendment framework)
- State v. Reaves, 2d Dist. No. 18302, 2000 WL 1643808 (Ohio 2000) (district, but WL citation not retained in list; referenced for plain-view context)
- Katz v. United States, 389 U.S. 347 (U.S. 1967) (foundation for probable cause and search doctrine)
- State v. Hunter, 8th Dist. No. 92032, 2009-Ohio-4194 (Ohio 2009) (plain-view access and lawful position during stop)
- State v. Stepp, 4th Dist. No. 09CA3328, 2010-Ohio-3540 (Ohio 2010) (mixed legal/factual review of suppression rulings)