State v. Davenport, 2017 Ohio 688

On June 19, 2014 Sgt. Kevin Landis stopped Darryl Davenport's maroon GMC SUV for very dark window tint after he could not see into the vehicle.
At the stop Landis smelled faint burnt marijuana and strong air freshener; Davenport had no valid license and was placed in the cruiser (not handcuffed).
Pursuant to department tow policy and/or probable cause from the odor, Landis searched the passenger compartment and found a tampered center-console cup holder containing a bag with 311 heroin capsules.
Davenport was Mirandized, denied knowledge of the drugs, and later indicted for second-degree possession of heroin; he pled no contest and was sentenced to three years (concurrent 18 months for weapons-under-disability) plus a mandatory $7,500 fine.
Davenport moved to suppress (denied); he appealed suppression and the imposition/timing of an indigency affidavit relating to the mandatory fine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Lawfulness of initial traffic stop (tint)	Tint violation justified stop; officer observed very dark windows	Stop lacked reasonable, articulable suspicion; tint not proven	Stop was lawful; officer's observation of dark tint provided reasonable suspicion (pretext irrelevant)
Probable cause to search passenger compartment	Smell of burnt marijuana (officer qualified) established probable cause to search vehicle	Odor alone insufficient to search passenger compartment locations like concealed containers	Search upheld under automobile exception; odor gave probable cause to search passenger compartment, including cup holder
Applicability of Farris (trunk vs. compartment)	State: Farris limited to trunk searches, not applicable here	Davenport relied on Farris to argue limits on odor-based search scope	Farris inapplicable because search was of passenger compartment, not trunk
Mandatory fine and indigency procedure	Court: fine mandatory unless offender proves present indigence and inability to pay; trial court considered record and affidavit	Davenport: counsel should have filed affidavit earlier; trial court erred by imposing fine without hearing	Fine affirmed: defendant failed to carry burden to show inability to pay; untimely affidavit did not create reasonable probability court would have waived fine

Terry v. Ohio, 392 U.S. 1 (establishing reasonable-suspicion standard for stops)
Pennsylvania v. Labron, 518 U.S. 938 (automobile exception permits warrantless vehicle searches when car is mobile and probable cause exists)
California v. Carney, 471 U.S. 386 (mobility of vehicles as exigency)
Maryland v. Dyson, 527 U.S. 465 (automobile exception reaffirmed)
Illinois v. Wardlow, 528 U.S. 119 (reasonable-suspicion is less than probable cause)
State v. Mays, 119 Ohio St.3d 406 (traffic violations, including tint, justify stops even if pretextual)
State v. Farris, 109 Ohio St.3d 519 (distinguishes probable-cause standards for trunk vs. passenger-compartment searches)
State v. Moore, 90 Ohio St.3d 47 (officer's recognition of marijuana odor can establish probable cause)
State v. Welch, 18 Ohio St.3d 88 (scope of vehicle search includes movable containers reasonably capable of holding contraband)
State v. Gipson, 80 Ohio St.3d 626 (burden on offender to demonstrate indigency and inability to pay mandatory fines)