State v. Franklin
2014 Ohio 1422
Ohio Ct. App.2014Background
- Franklin was indicted Oct 16, 2012 on drug trafficking, drug possession, weapon under disability, concealed weapon, and instrumentality-forfeiture specifications.
- Franklin moved to suppress evidence seized from his vehicle on Feb 5, 2013; suppression hearing held Feb 19, 2013.
- Officers patrolling East 53rd Street observed an unattended running white Lexus, tied to prior drug activity by codefendant Ward.
- Approaching a gray Lexus, the officers detected a strong odor of burnt marijuana and observed a digital scale and baggies.
- Under questioning, the officers discovered marijuana under the center console after removing displaced molding, then found heroin and a firearm behind the radio; the trial court denied suppression.
- Franklin pleaded no contest to all charges and was sentenced to five years’ imprisonment and a $10,000 fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the suppression denial correct under Fourth Amendment standards? | State contends initial contact was consensual and search justified. | Franklin contends the stop/search violated Fourth Amendment due to lack of suspicion. | Yes; suppression denial affirmed. |
| Was the $10,000 mandatory fine proper given indigence findings? | State argues mandatory fine applies unless indigency affidavit pre-sentencing. | Franklin did not file pre-sentencing indigency affidavit. | Yes; affirmed. |
| Was forfeiture of vehicle, scale, gun, cellphone, and cash proper? | State asserts instrumentality and proceeds support forfeiture. | Franklin challenges as unwarranted forfeiture of property. | Yes; affirmed. |
Key Cases Cited
- State v. Battle, 2011-Ohio-6661 (10th Dist. Franklin (2011)) (probable cause in automobile searches under the automobile exception)
- State v. Parrish, 2002-Ohio-3275 (10th Dist. Franklin (2002)) (probable cause standard for vehicle searches after odor of contraband)
- State v. Kessler, 1978 (Supreme Court) (definition of probable cause (historical standard))
- State v. Evans, 2011-Ohio-3046 (8th Dist. Cuyahoga (2011)) (odor of marijuana as probable cause under automobile exception)
- State v. Ferris, 2006-Ohio-3255 (Ohio Supreme Court (2006)) (distinction between evidence admissibility in passenger compartment vs. trunk)