State v. Graves, 2014 Ohio 5477

Sergeant Smith stopped Graves for speeding on I-71; Graves’ car emitted a strong odor of raw marijuana.
Smith placed Graves in the back of a cruiser, Mirandized him, and searched Graves’ car after the stop.
Two duffel bags were found in the trunk containing 1,315 grams of marijuana; Graves was arrested.
Graves was indicted for possession of marijuana; he moved to suppress, asserting lack of reasonable suspicion and probable cause.
The trial court held a suppression hearing, allowed supplemental evidence (video/photographs), and later issued a partial suppression order; Graves pleaded no contest.
Graves appeals the denial of suppression, arguing the arrest was unlawful and tainted the search as fruit of the poisonous tree.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether suppression was proper for an allegedly unlawful arrest	Graves contends the arrest lacked probable cause and the search was tainted as fruit.	Smith had probable cause to search based on odor of/raw marijuana; any arrest defects do not negate independent search rationale.	Denial of suppression upheld; search independent of any illegal arrest.

State v. Burnside, 100 Ohio St.3d 152 (2003-Ohio-5372) (motion to suppress review of mixed questions of law and fact)
State v. Finney, 9th Dist. Summit No. 21180 (2003-Ohio-529) (exclusionary rule; independent source exception)
State v. Perkins, 18 Ohio St.3d 193 (1985) (independent source exception to the exclusionary rule)
State v. Hobbs, 9th Dist. Summit No. 25379 (2011-Ohio-3192) (exclusionary rule; evidence derived from rights violation)