State v. Carmichael
2012 Ohio 5923
Ohio Ct. App.2012Background
- Trooper Beyer stopped a car on Feb 28, 2010 for a missing front license plate; vehicle had three occupants including Carmichael.
- Contraband (marijuana and related items) found in the passenger area on a Swisher Sweet and on a passenger's lap; center console contained folded cardboard with marijuana.
- After removing the occupants, the trooper searched the vehicle; marijuana was found in the passenger area and the driver’s center console provided more contraband.
- The trooper opened the trunk and found a suitcase containing a loaded 9mm handgun; Carmichael admitted ownership after Mirandizing.
- Carmichael was indicted on multiple firearm- and drug-related offenses; he moved to suppress the search as to the trunk/suitcase; the trial court denied the motion and sentenced him.
- On appeal, Carmichael argues the trunk search lacked probable cause distinct from the passenger compartment; the court affirms the suppression denial, ruling the automobile exception justified the trunk search based on probable cause established by contraband in the passenger area.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause to search the trunk exists under the automobile exception | Carmichael argues there was no trunk probable cause. | Carmichael contends the trunk search exceeded scope of immediate vehicle search. | Automobile exception applied; trunk search upheld. |
| Whether concealment of contraband in the trunk could be searched after finding contraband in passenger area | Prosecution relies on prior contraband giving rise to broader search. | Defense emphasizes separate standards for passenger area vs trunk (Farris). | Search extended to trunk consistent with automobile exception given found contraband in passenger area. |
Key Cases Cited
- State v. Moore, 90 Ohio St.3d 47 (2000) (automobile exception; probable cause permits search of entire car)
- State v. Farris, 109 Ohio St.3d 519 (2006) (odor of marijuana in passenger area not alone proving trunk probable cause)
- State v. Burnside, 100 Ohio St.3d 152 (2003) (mixed question of law and fact; appellate review of suppression)
- State v. Hobbs, 133 Ohio St.3d 43 (2012) (Burnside applied; standards for reviewing suppression)
- State v. Conley, 9th Dist. No. 08CA009454, 2009-Ohio-910 (2009) (fact-finding deference to trial court; de novo legal review)
- United States v. Ross, 456 U.S. 798 (1982) (probable cause allows search of entire vehicle including trunk)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause standard; totality of circumstances)
- Wyoming v. Houghton, 526 U.S. 295 (1999) (passenger belongings inside vehicle may be searched)
- California v. Carney, 471 U.S. 386 (1985) (vehicle privacy expectations; vehicle exception)