State v. Graves, 2022 Ohio 4130

Trooper stopped Graves on Jan. 2, 2020 for speeding; officer immediately detected burnt marijuana odor.
Graves admitted to marijuana in the car; officer placed him in cruiser and searched the vehicle. A backpack in the passenger compartment contained 18 vape cartridges (hashish oil); additional cartridge on dashboard.
Graves performed poorly on field sobriety tests; urine later showed at‑per‑se level of marijuana metabolite (≥35 ng/mL); lab confirmed vape cartridges contained hashish oil.
Initial misdemeanor complaint (speeding, OVI) filed Jan. 6 and Feb. 4, 2020; Graves pled (plea paperwork inconsistent) to OVI in Feb. 2020 and was sentenced; grand jury returned a felony possession indictment Dec. 11, 2020.
Graves moved to suppress the vehicle/backpack search and moved to dismiss the indictment on speedy‑trial and double‑jeopardy grounds; trial court denied the motions Aug. 11, 2021; Graves later pleaded to possession and appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Speedy‑trial: whether the Dec. 11, 2020 felony indictment violated R.C. speedy‑trial limits	State: record shows plea was entered (waiver) and/or delays were tolled; pandemic continuances permissible	Graves: 340 days elapsed between misdemeanor arrest/charges and felony indictment, violating statutory speedy‑trial rights	Court: Waiver — judgment entry indicates a guilty plea, which waives statutory speedy‑trial claims; assignment overruled
Double jeopardy: whether prosecuting felony possession after OVI prosecution constitutes double jeopardy	State: OVI and possession are distinct offenses with different elements under Blockburger	Graves: successive prosecution based on same conduct/drugs places him in double jeopardy	Court: Blockburger same‑elements test not met; offenses distinct (OVI vs possession); assignment overruled
Suppression: whether warrantless search of vehicle/backpack violated the Fourth Amendment	State: odor of marijuana and Graves’ admission gave probable cause to search vehicle; automobile exception allows search of containers	Graves: searching a closed container (backpack) while detained — and not as an inventory search — violated constitutional protections	Court: Trooper smelled marijuana and had probable cause; automobile exception (and controlling precedent) permits searching vehicle and containers without a warrant; suppression denied

Blockburger v. United States, 284 U.S. 299 (U.S. 1932) (same‑elements test for double jeopardy)
State v. Best, 42 Ohio St.2d 530 (Ohio 1975) (state and municipal prosecutions subject to same‑sovereignty double‑jeopardy analysis; adopts Blockburger)
Pennsylvania v. Labron, 518 U.S. 938 (U.S. 1996) (automobile exception: mobile vehicle + probable cause permits warrantless search)
California v. Carney, 471 U.S. 386 (U.S. 1985) (vehicle mobility as exigency supporting warrantless search)
Wyoming v. Houghton, 526 U.S. 295 (U.S. 1999) (police may search passengers' personal containers when probable cause exists to search the vehicle)
State v. Vega, 154 Ohio St.3d 569 (Ohio 2018) (containers in vehicle may be searched under automobile exception)
State v. Farris, 109 Ohio St.3d 519 (Ohio 2006) (odor of marijuana in passenger compartment establishes probable cause to search passenger compartment)
State v. Moore, 90 Ohio St.3d 47 (Ohio 2000) (Fourth Amendment reasonableness typically requires probable cause and a warrant; exceptions analyzed)
Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (reasonable‑suspicion/probable‑cause determinations reviewed de novo)
State v. Kelly, 57 Ohio St.3d 127 (Ohio 1991) (guilty plea waives statutory speedy‑trial claims)