State v. Mobley
2018 Ohio 4678
Ohio Ct. App.2018Background
- On December 11, 2016, officers observed what appeared to be a hand-to-hand drug transaction at a parked car; they approached and began a consensual encounter.
- Officer LaFollette smelled marijuana when the passenger window was rolled down and saw marijuana grinders in the driver-side door pocket.
- Officers asked Mobley to step out; a patdown produced a baggie of marijuana from his pocket that Mobley admitted was the source of the odor.
- While one officer was patting down Mobley, the other searched the vehicle and opened a backpack in the back seat, discovering a loaded firearm; Mobley admitted ownership.
- Mobley moved to suppress the firearm as the product of an unlawful warrantless search of the backpack; the trial court denied the motion. He pled no contest to improperly handling a firearm in a motor vehicle and appealed.
Issues
| Issue | State's Argument | Mobley's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to search the car and containers (including the backpack) without a warrant | Officers developed probable cause from observing a suspected hand-to-hand drug sale, smelling marijuana, and seeing grinders; thus they could search the car and containers that could hold drugs | Once marijuana in Mobley's pocket was identified, the search should have stopped; nothing showed the backpack contained drugs or smelled like marijuana | Court held probable cause existed to search the vehicle and any container that could hold marijuana, so searching the backpack and discovering the gun was lawful |
Key Cases Cited
- Ornelas v. United States, 517 U.S. 690 (Sup. Ct. 1996) (standard of review for suppression rulings: historical facts reviewed for clear error, legal conclusions reviewed de novo)
- United States v. Place, 462 U.S. 696 (Sup. Ct. 1983) (effects like luggage are protected under Fourth Amendment)
- Wyoming v. Houghton, 526 U.S. 295 (Sup. Ct. 1999) (officers may search containers in a vehicle if probable cause to search the vehicle exists)
- United States v. Ross, 456 U.S. 798 (Sup. Ct. 1982) (if probable cause justifies vehicle search, it justifies search of containers within)
- Carroll v. United States, 267 U.S. 132 (Sup. Ct. 1925) (historic automobile exception principles)
- State v. Moore, 90 Ohio St.3d 47 (Ohio 2000) (odor of marijuana from a vehicle supplies probable cause to search)