State v. Gordon, 2014 Ohio 5027

Trooper Seabolt stopped a Hyundai Sonata for speeding after observing it pass his patrol car and pacing it at 66 mph in a 60 mph zone.
Upon approach he saw the passenger (Gordon) lying almost flat in the front seat; the driver appeared to be concealing herself and had loose marijuana flakes on her pant leg. The driver denied the flakes were drugs. The driver refused to consent to a search.
Trooper Seabolt called for backup and requested a narcotics-detection canine; the canine arrived ~30 minutes later and alerted at the passenger-side door where Gordon sat.
A pat-down of Gordon revealed a bulge later determined at the jail to be an ounce of powder cocaine; a search of the vehicle produced additional drugs, drug paraphernalia, and a loaded handgun.
Gordon moved to suppress evidence as the traffic stop was allegedly unlawfully prolonged to await the canine; the trial court denied the motion. Gordon pleaded no contest to several felony counts and appealed the denial of suppression.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the traffic stop became an unconstitutional detention when officer delayed to await a canine	Stop was lawful for speeding; officer had reasonable suspicion/probable cause (marijuana flakes, suspicious behavior, inconsistent stories) to extend the stop and call a canine	Delay to await the canine rendered the detention unreasonable and required suppression of evidence	Court held the initial stop lawful and that observed facts (plain-view marijuana flakes, behavior, conflicting statements) gave probable cause to search; therefore prolongation for canine was justified and evidence admissible

Whren v. United States, 517 U.S. 806 (temporary detention for traffic violation valid even if officer had ulterior motive)
City of Dayton v. Erickson, 76 Ohio St.3d 3 (Ohio) (stop for traffic violation is valid despite officer's subjective intent)
State v. Mays, 119 Ohio St.3d 406 (Ohio) (reasonable, articulable suspicion required for traffic stop; officer not required to evaluate potential defenses)
Texas v. Brown, 460 U.S. 730 (plain-view seizure requirements)
California v. Carney, 471 U.S. 386 (automobile exception to warrant requirement)
Maryland v. Dyson, 527 U.S. 465 (no separate exigency needed once probable cause exists to search vehicle)
Pennsylvania v. Labron, 518 U.S. 938 (vehicle readily mobile + probable cause = warrantless search allowed)
State v. Moore, 90 Ohio St.3d 47 (Ohio) (officers may rely on sense of smell and training to establish probable cause to search for marijuana)
Minnesota v. Dickerson, 508 U.S. 366 (officer's senses may identify contraband)