State v. Finfrock, 2020 Ohio 1142

February 18, 2018 traffic stop of a black Chevrolet Impala after officer observed possible illegal window tint, lack of a front license plate (Kentucky registration), and an alleged failure to signal a right turn.
Officer smelled burnt marijuana when approaching the vehicle; officer observed a female driver (owner) and Finfrock in the front passenger seat, slumped and with hands not visible.
Finfrock was removed from the car, placed in the patrol cruiser, and the vehicle was towed after the owner said she could not drive (no glasses) and Finfrock’s license was suspended.
Officers searched the impounded vehicle, found .380 ammunition in the center console and a firearm under the front passenger seat; Finfrock was arrested.
At the station, Detective Ellis read Miranda rights on a pre-interview form; Finfrock initialed the rights, signed a waiver, then shortly invoked his right to counsel.
Finfrock moved to suppress; trial court denied the motion, he pled no contest to three firearms offenses, received community control, and appealed the suppression rulings.

Issue	State's Argument	Finfrock's Argument	Held
Legality of the stop	Stop valid based on observed failure to signal (traffic violation) and other observed equipment issues	Stop unlawful: KY plates excuse lack of front plate, tint not measured/uncharged, signal not on camera	Court: Officer’s testimony that he observed failure to signal provided probable cause; stop lawful
Detention of Finfrock	Detention permissible during lawful traffic stop and investigation (including odor of marijuana and seat-switching)	Unlawful detention; should have been limited to issuance of a citation or brief questioning	Court: Detention lawful for duration of stop and investigation
Warrantless vehicle search	Probable cause from odor of marijuana justified automobile-exception search; inventory search valid after tow under department policy	Search lacked probable cause; officer’s testimony about weapons was speculative; towing/inventory policy not properly followed	Court: Search lawful—odor of marijuana established probable cause; inventory search valid under tow policy
Miranda/written waiver	Miranda warnings were given on pre-interview form, Finfrock initialed and signed, then invoked counsel; statements admissible	No valid Miranda waiver was shown	Court: Waiver valid as to limited comments; only brief, non-incriminating remark was made before invocation; suppression not required

State v. Burnside, 100 Ohio St.3d 152 (2003) (appellate review of suppression is mixed law/fact; trial court factual findings owed deference)
Dayton v. Erickson, 76 Ohio St.3d 3 (1996) (traffic stop valid if officer observes traffic/equipment violation or has reasonable suspicion)
Maryland v. Dyson, 527 U.S. 465 (1999) (automobile exception permits warrantless search when probable cause exists)
State v. Moore, 90 Ohio St.3d 47 (2000) (odor of marijuana alone, when recognized by a qualified officer, can establish probable cause to search a vehicle)
South Dakota v. Opperman, 428 U.S. 364 (1976) (inventory searches of impounded vehicles are a recognized Fourth Amendment exception)
State v. Mesa, 87 Ohio St.3d 105 (1999) (inventory/administrative procedures for impounded vehicles discussed)
State v. Robinson, 58 Ohio St.2d 478 (1979) (inventory searches must be performed in good faith, not as pretext for evidence gathering)
Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation requires Miranda warnings and voluntary waiver)