State v. Jones
2013 Ohio 2375
Ohio Ct. App.2013Background
- Trooper stopped Jones for speeding on the Ohio Turnpike; odor of raw marijuana detected as he approached the car.
- Marijuana shake was found in the passenger compartment after a pat-down and securing Jones in a cruiser.
- Trooper Morrison then searched the trunk and found 106 g marijuana, 60 heroin bindles, and a 506 g heroin brick.
- Jones was indicted for trafficking, possession, and drug paraphernalia offenses.
- Jones moved to suppress the trunk search; the trial court granted the suppression; on appeal the State argues the trunk search was valid under the automobile exception.
- The appellate court reverses, holding the trunk search lawful under Fourth Amendment and Ohio Constitution as coextensive with protections, given the evidence in the passenger compartment and totality of circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the trunk search permissible under the automobile exception given odor of marijuana from the passenger compartment? | Jones | Jones | Yes; trunk search permitted under vehicle exception |
Key Cases Cited
- United States v. Ross, 456 U.S. 798 (1982) (air of probable cause allows search of entire vehicle and containers)
- State v. Moore, 90 Ohio St.3d 47 (2000) (odor of marijuana by a qualified person establishes probable cause)
- State v. Robinette, 80 Ohio St.3d 234 (1997) (Ohio Constitution coextensive with Fourth Amendment; limited extra protections not found here)
- State v. Farris, 109 Ohio St.3d 519 (2006) (distinguishes passenger compartment vs. trunk for probable cause; not controlling here)
- State v. Carmichael, 2012-Ohio-5923 (9th Dist.) (analogous facts; distinguishingCAR to support automobile exception application)