State v. Evans
2011 Ohio 3046
Ohio Ct. App.2011Background
- Evans was indicted on possession and trafficking in crack cocaine (1–5 g) and possession of criminal tools.
- A motion to suppress evidence from the car search was denied by the trial court.
- Officers stopped Evans’ vehicle after discovering mismatched license plates and observing marijuana odor and seeds in plain view.
- The odor of marijuana from the vehicle and visible seeds supported probable cause under the automobile exception.
- A search of the vehicle yielded cocaine in a ceiling compartment.
- Evans entered a no-contest plea to all counts, and the trial court merged counts and sentenced him to one year of community control; Evans later appealed on suppression and ineffective-assistance grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the vehicle search justified by probable cause under the automobile exception? | Evans argues the officers lacked probable cause to search the car. | Evans contends the odor alone and visibility issues do not establish probable cause. | No error; search justified by odor with qualified officer and plain-view seeds, satisfying automobile exception. |
| Did trial counsel render ineffective assistance by not seeking suppression of Evans’ pre-Miranda confession? | Evans claims failure to file suppression harmed defense. | No prejudice since no-contest plea admitted facts; suppression issue irrelevant to plea. | Overruled; no prejudice since no-contest plea forecloses challenge to underlying facts. |
Key Cases Cited
- State v. Moore, 90 Ohio St.3d 47 (Ohio Supreme Court, 2000) (odor of marijuana supports probable cause under automobile exception)
- United States v. Ross, 456 U.S. 798 (U.S. Supreme Court, 1982) (search of vehicle may extend to any area concealing the object of the search)
- State v. Byers, 2011-Ohio-342 (Ohio App. 8th Dist., 2011) (occupant marijuana use supports probable cause for search)
- State v. Jones, 187 Ohio App.3d 478 (Ohio App. 8th Dist., 2010) (odor of marijuana supports probable cause to search)
- State v. Fitzgerald, 2002-Ohio-3914 (Ohio 2d Dist., 2002) (plea no contest admits facts; suppression failure not sustaining prejudice)