2022 Ohio 561
Ohio Ct. App.2022Background
- Trooper Matthew Atwood stopped Clarence Jones’s car after observing dark window tint and a nonworking brake light while following the vehicle.
- Atwood ordered Jones out of the vehicle, performed a pat-down, and placed him in the patrol cruiser.
- While speaking with the passenger, Atwood detected the odor of raw marijuana and then announced he would search the vehicle.
- During the search Atwood located a magnetic box under the car containing a sock with a vacuum-sealed bag holding ~130 grams of cocaine.
- Jones moved to suppress, arguing the stop lacked reasonable suspicion/probable cause and the officer unlawfully expanded the stop; the trial court denied suppression.
- Jones pled no contest to cocaine possession, was sentenced to eight years, appealed, and the appellate court affirmed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jones) | Held |
|---|---|---|---|
| Lawfulness of initial traffic stop | Stop was lawful: dark tint and broken brake light provided reasonable suspicion/probable cause to stop | Stop lacked reasonable suspicion/probable cause for a tint violation | Court upheld the stop — trooper articulated tint and defective brake light, and appellant did not contest the stop at the hearing; either factor justified the stop |
| Expansion of the stop / search of vehicle | After ordering driver out (Mimms/patrol-safety), officer smelled marijuana; odor gave probable cause to search | Officer unlawfully expanded the stop; no reasonable suspicion to detain, pat-down, or search; trooper’s odor testimony not credible; dog should have been used | Court held ordering driver out and pat-down lawful; odor of raw marijuana (trooper’s credible testimony) supplied probable cause to search; manual search was permissible |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (traffic stop reasonable if officer has probable cause or reasonable suspicion of violation)
- Rodriguez v. United States, 575 U.S. 348 (2015) (traffic-stop detention must be limited to mission of stop unless additional reasonable suspicion arises)
- Pennsylvania v. Mimms, 434 U.S. 106 (1977) (officer may order driver out of vehicle for officer safety)
- Arizona v. Johnson, 555 U.S. 323 (2009) (Mimms order justified by safety; officer may conduct limited frisk if suspect may be armed and dangerous)
- Illinois v. Caballes, 543 U.S. 405 (2005) (traffic stop cannot be prolonged beyond mission absent new reasonable suspicion)
- United States v. Arvizu, 534 U.S. 266 (2002) (reasonable-suspicion analysis considers totality of circumstances)
- Katz v. United States, 389 U.S. 347 (1967) (warrantless searches presumptively unreasonable; limited exceptions)
- Terry v. Ohio, 392 U.S. 1 (1968) (officer may detain/ frisk on reasonable suspicion of criminal activity and danger)
- State v. Moore, 90 Ohio St.3d 47 (2000) (in Ohio, qualified officer’s detection of marijuana odor alone provides probable cause to search)
- State v. Robinette, 80 Ohio St.3d 234 (1997) (continued detention beyond original purpose requires articulable suspicion of additional criminal activity)