2019 Ohio 232
Ohio Ct. App.2019Background
- Police stopped Scott Donaldson for lane-change violations and observed a very strong odor of raw marijuana upon approaching his vehicle.
- Donaldson admitted having marijuana and produced a small vial (<100g) and $1,401 when ordered to empty his pockets.
- Officers detained Donaldson, searched the passenger compartment (found nothing), then opened the locked trunk and found multiple quarter-pound bags of raw marijuana inside paint buckets.
- Donaldson was charged with trafficking and possession of marijuana and moved to suppress all evidence as the product of a warrantless trunk search.
- The trial court denied suppression, concluding the odor of raw marijuana provided probable cause to search the entire vehicle (including the trunk); Donaldson pleaded no contest and appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Donaldson) | Held |
|---|---|---|---|
| Whether officers had probable cause to search the vehicle and locked trunk under the automobile exception | Odor of raw marijuana detected by a trained officer provided probable cause to search the entire vehicle, including trunk | Odor only justified search of passenger compartment; searching locked trunk without a warrant violated the Fourth Amendment | Court held odor of raw marijuana (plus defendants admission and nervous behavior) provided probable cause to search the trunk under the automobile exception |
| Whether defendants production of a small amount of marijuana eliminated probable cause to continue searching the vehicle | Production of marijuana did not negate existing probable cause and in fact corroborated suspicion of additional contraband in vehicle | Producing the small vial removed probable cause to search further (no reason to expect more contraband) | Court held voluntary production did not vitiate probable cause; officers need not accept occupants claim that all contraband was surrendered |
Key Cases Cited
- Carroll v. United States, 267 U.S. 132 (warrantless vehicle search permitted where probable cause exists)
- Chambers v. Maroney, 399 U.S. 42 (automobile exception exigency/mobility rationale)
- State v. Moore, 90 Ohio St.3d 47 (odor of marijuana by qualified person alone suffices for probable cause to search)
- State v. Farris, 109 Ohio St.3d 519 (odor of burnt marijuana in passenger compartment does not alone justify warrantless trunk search)
- State v. Mills, 62 Ohio St.3d 357 (automobile exception principles applied in Ohio)
- United States v. Ashby, 864 F.2d 690 (raw marijuana odor can support trunk search)
- United States v. Bowman, 487 F.2d 1229 (same)