State v. Lynn
2018 Ohio 3335
Ohio Ct. App.2018Background
- Defendant David D. Lynn was stopped for no front license plate and excessively dark window tint; officer smelled an "extremely overwhelming" odor of raw marijuana from the vehicle.
- Passenger (Lynn's brother) had an active warrant and a weapons caution; both occupants were removed, secured, and handcuffed.
- Officers searched the passenger compartment and found raw marijuana and numerous ecstasy pills in the glove box.
- After finding those items, officers searched the trunk and discovered crack cocaine and heroin in a Crown Royal bag inside a backpack; Lynn later admitted ownership.
- Lynn moved to suppress the trunk evidence arguing lack of probable cause; the trial court denied the motion, Lynn pled no contest to drug charges, was sentenced, and appealed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to search the trunk under the automobile exception | Officers: discovery of raw marijuana and ecstasy in passenger compartment created probable cause to search trunk | Lynn: Farris prevents extending passenger-compartment probable cause to trunk where only marijuana odor was present | Court: Probable cause existed because contraband was found in the passenger compartment (raw marijuana + ecstasy), so search of trunk was lawful |
| Whether the odor of marijuana alone justified trunk search | Plaintiff: raw marijuana odor (strong) supports inference of larger quantity possibly in trunk | Lynn: relied on Farris that odor (burnt marijuana) alone does not justify trunk search | Court: Distinguished Farris — raw (overwhelming) marijuana odor plus contraband in glove box differed from Farris; odor of raw marijuana can support trunk search |
Key Cases Cited
- State v. Farris, 109 Ohio St.3d 519 (2006) (odor of burnt marijuana in passenger compartment, standing alone, does not establish probable cause to search trunk)
- United States v. Ross, 456 U.S. 798 (1982) (if probable cause justifies search of vehicle, it justifies search of every part that may conceal object of search)
- State v. Moore, 90 Ohio St.3d 47 (2000) (once probable cause exists to believe a vehicle contains contraband, officer may search the lawfully stopped vehicle)
- State v. Murrell, 94 Ohio St.3d 489 (2001) (on custodial arrest of an occupant, officer may contemporaneously search passenger compartment)
- State v. Kessler, 53 Ohio St.2d 204 (1978) (definition of probable cause for automobile searches)
- United States v. Ashby, 864 F.2d 690 (10th Cir. 1988) (strong odor of raw marijuana can justify belief that large quantity is present and support trunk search)
- United States v. Bowman, 487 F.2d 1229 (10th Cir. 1973) (same principle regarding raw marijuana odor and trunk searches)