State v. McClain
2013 Ohio 2436
Ohio Ct. App.2013Background
- McClain was convicted in Ashland Municipal Court of possession of marijuana under Ashland City Ordinance 513.03(C)(2) after a no contest plea.
- Aug. 31–Sep. 1, 2012, McClain and Penny Brown argued after drinking; Brown intoxicated and went to sleep at their apartment.
- Police received calls from Brown about McClain attempting entry; officer placed McClain in a cruiser for safety while investigating.
- During inventory, the officer opened cigarette packets and found marijuana; the packet search occurred before McClain’s formal arrest for persistent disorderly conduct.
- McClain moved to suppress the cigarette-pack evidence; the trial court overruled the motion and he pleaded no contest to possession.
- On appeal, the court held the stop/search was improper but sustained the evidence under the inevitable discovery rule, affirming the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the cigarette-pack search within the investigatory detention proper? | McClain | McClain | Overruled; search improper at that stage |
| Is the marijuana evidence admissible under inevitable discovery? | McClain | McClain | Admissible; would have been discovered during inventory |
Key Cases Cited
- State v. Lozada, 92 Ohio St.3d 74 (Ohio Supreme Court 2001) (routine stop search limits when for officer convenience)
- State v. Evans, 67 Ohio St.3d 405 (Ohio Supreme Court 1993) (limited protective search for weapons after a lawful stop)
- Minnesota v. Dickerson, 508 U.S. 366 (Supreme Court 1993) (plain-feel doctrine for contraband during pat-downs)
- Nix v. Williams, 467 U.S. 431 (Supreme Court 1984) (inevitable discovery doctrine)
- State v. Buckner, 2nd Dist. No. 21892, 2007-Ohio-4329 (Ohio 2nd Dist. 2007) (insufficient facts for weapon-contraband inference; plain-detection standard)